Being arrested can be overwhelming and scary, especially when you are being accused of drunk driving. You may be unaware of your rights, what happens next, and how a conviction can affect your future. The steps you take immediately after an OWI arrest can significantly influence the outcome of your case, so it is crucial that you are well-informed and adequately represented. Contact a knowledgeable Dallas County OWI lawyer for more information and legal advice today.

What is an OWI?

In Iowa, the term Operating While Intoxicated (OWI) is used to describe driving under the influence of alcohol or drugs.

Under Iowa Code § 321J.2, a person commits OWI by operating a motor vehicle under any of the following circumstances:

  1. “While under the influence of an alcoholic beverage or other drug or a combination of such substances.
  2. While having an alcohol concentration of .08 or more.
  3. While any amount of a controlled substance is present in the person, as measured in the person’s blood or urine.”

What is a Per Se Violation?

Operating a motor vehicle with an alcohol concentration of 0.08 or more is considered a per se violation. This means that if a chemical test, such as a breath, blood, or urine test, shows an AC level of 0.08% or higher, the driver is legally intoxicated, regardless of whether their driving ability was demonstrably impaired.

Iowa’s OWI laws apply to the operation of vehicles on public roads as well as many other locations, including private property and recreational areas. These regulations cover not only alcohol and illegal drugs but also prescription and certain over-the-counter medications that may impair driving performance. Understanding these legal standards is important for anyone facing potential charges, as the consequences can be severe.

What Should I Do Immediately After an OWI Arrest in IA?

If you have been arrested for an OWI in Iowa, the moments immediately following your arrest are critical for your defense. It is natural to feel anxious, but taking specific and calculated steps can protect your rights and future. The following actions are essential to help your legal counsel build a strong defense on your behalf:

  • Exercise your right to remain silent: You should comply with lawful requests for identification and other required booking information, but you generally do not have to answer questions about where you were, what you drank, or other potentially incriminating matters. Politely tell officers you wish to remain silent and would like to speak with an attorney.
  • Document the incident: As soon as possible, write down every detail you remember about the traffic stop, the field sobriety tests, the officer’s conduct, and what was said. These notes may be invaluable for your attorney.
  • Understand chemical testing: Iowa’s implied consent law means that by driving on public roads, you have consented to chemical testing. Refusing a breath, blood, or urine test can result in a driver’s license revocation and other legal consequences under Iowa’s implied consent laws, which are often more severe than the consequences associated with failing the test.
  • Secure legal counsel: Contacting a dedicated OWI lawyer immediately is the most important step you can take. An attorney can help you understand your rights, evaluate the legality of the stop, propose defense strategies, advocate for you, and more.
  • Avoid discussing the case: Do not talk about the details of your arrest with friends, family, or on social media. Only discussions with your legal counsel are protected by attorney-client privilege.

Timing is crucial, as certain deadlines for contesting license revocations pass quickly. Do not hesitate to seek professional guidance from a skilled attorney at Iowa Defenders, PLLC today.