Iowa Drunk Driving Defense Attorneys
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- Adel *
- Hopkins & Huebner:
Alcohol and drug-related offenses, including OWI (operating a vehicle while intoxicated) and possession of drugs or controlled substances
Theft and Forgery
Sexual abuse and domestic abuse
- Bailey Law Firm:
Wills, Trusts & Estate Planning
Business Formation & Representation
Civil Rights Litigation
- Keller Law Office:
General practice including but not limited to Criminal Law and Family Law.
- Borseth Law Office:
DUI & DWI Law: A common criminal charge is drunk driving or operating while intoxicated. It is important to note you are punished both civilly and criminally when you are charged with OWI. The county attorney will pursue criminal charges while the Department of Transportation pursues civil penalties affecting your ability to maintain your driver’s license. These prosecutions are separate and distinct from each other. The DOT handles all of the civil penalties while the criminal court will handle the criminal prosecution. If you have been arrested for drunk driving you should contact an attorney for legal representation. You should have representation whether you want to work out a plea agreement or try to contest the charge It is always important to have representation at each stage of the process to protect your rights.
- Martens Law Office:
defense for all OWI issues including:
- Department of transportation issues
- License suspensions, revocations and restrictions
- Deferred judgment issues
- Breath and chemical tests
- DUI and reckless driving
- Alcohol interlock devices
- SR-22 insurance requirements
- Hastings, Gartin & Boettger:
Wills & Trusts
Real Estate Closings (for more info click here)
Real Estate Investments
- Terrill, Richardson, Hostetter & Madson Law Offices:
If you have been arrested for an OWI/DUI in Iowa you are facing severe criminal and civil penalties. To protect your rights it is important to find a skilled lawyer that specializes in OWI/DUI defense as soon as possible following your arrest. You only have 10 days from the date of the Notice of Revocation of your driver’s license to contest the revocation of your driving privileges.
- Payer, Hunziker, Rhodes & Peters:
If you have been arrested or are under investigation for a crime, you want an experienced lawyer to protect your interests. The criminal justice system has a language and rules of its own and can be very confusing to the ordinary citizen. You want an experienced attorney who fully understands the law and who will help you make informed decisions throughout the process.
- Smith, Shawn:
OWI (Operating While Intoxicated) (also known as drunk driving or DUI)
Traffic Violations, including Driving with a Suspended License
State Drug Charges: Drug Possession, Drug Sale/Trafficking (cocaine, crack, marijuana, methamphetamine, heroin, ecstasy, prescription drugs, etc.)
Sex Offenses: Indecent Exposure, Sexual Assault
Violent Crimes: Assault, Domestic Violence, Robbery, Willful Injury, Manslaughter
Property Crimes: Vandalism, Shoplifting, Theft, Burglary, Bank Robbery
Fraud, including writing bad checks and embezzlement.
- Newbrough Law:
An OWI or DUI charge could mean the suspension of your driver's license.
- Ankeny *
- Nading, Robert:
If you are charged with a crime – the effect on you and your family can be devastating. You should immediately contact an attorney before speaking to anyone about the charge.
- Waters, James:
Criminal law (Driving Under the Influence)
- Walker, Billingsley & Bair:
everyone is entitled to a fair trial and the best counsel
- Lamberti, Gocke & Luetje:
Family Law – divorce, child
custody, child support, modifications and other family law issues.
Estate Planning & Probate – From a will contest to establishing
Residential & Commercial Real Estate Law
Business Law –entity selection, business formation, mergers and
acquisitions and other business law needs
Criminal Defense – drinking and driving
(OWI), drug crimes, domestic assault or other criminal acts
- Cedar Rapids
- Clear Lake
- Sorrenson Law:
- Eastman Law Offices:
Domestic violence lawsuits
Theft and drug cases
Cases at the state and federal level
- Murphy, Colin:
An Iowa OWI is charged when driving with a blood alcohol level of .08 or higher. The consequences of a conviction will be costly. If you did not injure anyone or damage another's property in the incident, then the court may waive part of the fines that accompany a conviction. In a first conviction, you may face jail time of 2 days up to one year. The fines you will have to pay will be $1250 plus a 35 percent surcharge; if you are unable to pay the fines you may be sentenced to 200 hours of community service. You also face a driver's license revocation of 180 days to one year. Additional penalties include alcohol abuse evaluation and treatment and the possibility of the installation of an ignition interlock device on your vehicle which prevents it from starting if you have consumed alcohol. Subsequent convictions will result in more severe penalties.
An alternative to an OWI conviction is a deferred judgment, which is only available to first-time offenders who did not injure anyone, did not refuse a chemical test, and whose chemical test results were below .15. In a deferred judgment, the offender pleads guilty, accepts the court's penalties, and is placed on probation with terms which must be fulfilled. At the end of the probation period, if all the probation requirements have been satisfied, the conviction will not result in a criminal record. Generally, in a deferred judgment, the offender must pay all required fines and will have his or her license revoked for 30 to 60 days.
- Swanson, Robert: General Practice
- Parker Law Office:
Social Security Disability
- Divorce, Custody
- Delinquency, Child In Need of Assistance, DHS Child Abuse Investigation, Termination of Parental Rights
- Graves Law Firm:
The first day after being arrested or charged with a crime is crucial for the accused. An attorney can give advice about what to do, explain what the charges mean, and explain what the potential implications are. When faced with state criminal law charges, having an attorney can make the difference between staying in jail or going home.
- Council Bluffs
- Zupp & Zupp:
Possession of Controlled Substances
Search & Seizure
Personal Injury Suits/Restitution for Victims
- Brink & Sextro:
Wills and probate
- Gustafson Law Office:
- Reimer Lohman and Reitz:
from business formation and estate planning to criminal defense cases
- Des Moines
- Becker, John:
Personal Injury/Accident Claims
Divorce – Including Mediation
Criminal – Including OWI
Wills and Estates
- Blair & Fitzsimmons:
If you have been arrested for drunk driving and charged with OWI, DUI, or DWI, you could be fearful of losing your license or suffering other penalties. However, an arrest is not necessarily a conviction...
- Hammer, Simon & Jensen:
From simple misdemeanors and traffic citations to serious felony charges.
- Clemens, Walters, Conlon & Meyer:
Business litigation and business transactions
Contractual litigation and negotiation
Business formation and structuring and acquisitions
Construction and real estate litigation
Real estate title work and closings
Personal injury, medical malpractice and tort litigation
- Reynolds & Kenline:
Copyright and Publishing
Divorce, Custody, and Family Law
- O'Connor & Thomas:
Criminal Law includes Assault and Battery, Capital Offenses, Criminal Appeals, Criminal Defense, Criminal Fraud, Domestic Violence, Drug Crimes, DUI/DWI, Federal Criminal Law, Felonies, Homicide, Juvenile Law, Misdemeanors, Murder, Sex Crimes, Sexual Assault, Traffic Violations, Weapons Charges.
- Roth Law Office:
Driving while under the influence charges are serious. You face grave
consequences if convicted, which is why you should obtain aggressive
criminal defense to ensure your rights are upheld.
Important rights may be lost by your delay in contacting legal counsel.
For example, if you submitted a breath sample, you have 10 days to file
an appeal of your driving suspension. Once the 10 day period is passed,
it is too late to dispute the suspension of your license to drive.
- Kintzinger Law Firm:
Having criminal charges brought against you can be extremely stressful and overwhelming.
- Fort Dodge
- Kenville, Alyssa & Charles:
If you or a loved one have been accused of a criminal offense, what is going to happen next? The answer depends on what stage of the proceeding you are at. Most cases generally follow the same process. After a complaint is made to law enforcement an investigation will be conducted. The County Attorney or State Attorney General will be contacted to discuss the possibility of what charges should or shouldn’t be filed. If the prosecutor feels the case has enough to go forward (not a very high burden in most places) then formal charges will be brought. In Iowa formal charges are brought either through a “Trial Information” – a formal charging document presented to and approved by a judge, or by a grand jury. Grand juries are rare in Iowa and almost all cases are formally initiated with a Trial Information. After charging there will be pretrial proceedings including filing motions. Where appropriate the State and Defendant may engage in plea negotiations to reduce charges and/or give specific recommendations to the judge for sentencing. When cases are not resolved during this pretrial process they will set for a trial, usually by a jury. In the event of a guilty verdict there is a sentencing hearing where the judge determines the punishment to be imposed. After that there are appeals and post-conviction proceedings that can be used to either get a new trial or vacate (clear away) all or part of the judgment.
- Crimmons Law Firm:
• Criminal defense
• Drug offenses
• Robbery or theft
• Probation concerns
• Parole hearing assistance
• Juvenile offenses
• Domestic disputes
• Traffic violations
• And more
- Johnson & Bonzer:
Being charged with a crime is devastating. A criminal conviction can mean substantial fines and even incarceration.
- Sell, Deshawne:
Providing representation to the State of Iowa in felony and misdemeanor cases including murder, OWI, meth, cocaine, theft, kidnapping, and class A, B, C, & D felonies.
- Webering, James:
OWI, murder, sexual assault, armed robbery, and drug possession and distribution crimes
- Tackett, Brian:
In Iowa, drunk driving is called operating while intoxicated (OWI, often called DUI). This is a serious offense. Even though people from all walks of life with no criminal history make the mistake of driving under the influence, the state of Iowa prosecutes OWI aggressively. If you have been charged with OWI, you need an aggressive attorney who can walk you through the legal process and defend you against these charges.
- Ellis, Ryan:
Driving while under the influence
If your vehicle is stopped by the police and you are suspected of Operating While Intoxicated, you should know your rights. If you have been arrested for OWI, you need an experienced trial attorney to investigate your case, interview witnesses, research the law and fight for you.
- Criminal Procedure Timeline
Arrest: Starts the process. An arrest is defined as “the taking of a person in custody when and in the manner authorized by law, including restraint of the person or the person’s submission to custody.” Iowa Code section 804.5.
Initial Appearance: The arrested individual must enter a plea of guilty or not guilty. The magistrate or judge then informs the individual of his/her rights and counsel may be appointed if the proper conditions are met. The Initial Appearance must occur without “unnecessary delay” after arrest. “Unnecessary delay” means less than 24 hours.
Preliminary Hearing: Must be held within 10 days of arrest if the individual is still in custody or 20 days after arrest if not in custody. A magistrate or judge determines if there is sufficient probable cause to hold the individual to answer in further proceedings. The question is whether or not there is probable cause to believe the individual arrested committed the offense. This is a very low burden for State to meet. The Preliminary Hearing may be avoided by the prosecutor if the Trial Information or Indictment is filed prior to the hearing date. Even if the defendant prevails at this hearing, the State may still file a Trial Information or Indictment supported by probable cause. For this reason, unless the defendant is in custody, the Preliminary Hearing is ordinarily waived.
- Iowa City
- Le Mars*
- Murphy, Collins, Bixenman & McGill:
If you have been charged with an OWI, it is important that you seek legal counsel immediately. While penalties may seem like a foregone conclusion, there are ways we can help you avoid them. You run the risk of losing your license, facing significant fines and being forced to attend lengthy programs and rehab.
- Walker, Billingsley & Bair:
everyone is entitled to a fair trial and the best counsel
- Meyer, Jennifer:
Criminal Law - Including but not limited to Operating While Intoxicated (OWI), Possession of Controlled Substances, Theft, Burglary, Assault, Public Intoxication and Traffic Matters.
Criminal charges are very wide in range and if you are charged with a crime, you should speak with an attorney immediately. Generally, you should never speak to anyone about your case, including law enforcement, without first contacting your attorney. There are many complicated steps that need to be taken to handle criminal charges and it is important to discuss these steps with your attorney. It is best to contact an attorney as soon as possible to know your rights and possible outcomes.
- Peglow, O'Hare & See:
In order to assure that criminal trials are fair, both prosecutors and defense attorneys are held to a complicated set of rules and regulations. The complexity of these cases require that a defense attorney should have expertise and experience in criminal law. A defense attorney should be involved in a case as soon as possible- ideally, even before police have interrogated a person. When an individual is arrested, the law enforcement officers that arrest the individual are required to inform the arrested person of his or her right to an attorney and to have an attorney appointed at state expense if unable to afford legal representation. These warnings are called “Miranda warnings”, after the 1960s Supreme Court case that first established them.
- Rutherford & Bidwell:
OWI, Drunk Driving, DUI
All Driving Offenses
- Bolivar Law Firm:
Gail E. Boliver
Securities and Investments
Alternative Dispute Resolution (ADR)
* Workers Compensation
* Estate Planning
* Trusts & Estates
* Business Entities
- Moore, McKibben, Goodman & Lorenz:
Administrative Law, Agricultural Law, Alternative Dispute Resolution, Appellate Practice, Banking Law, Bankruptcy, Business Law, Civil Rights and Discrimination, Collections Law, Commercial Law, Contracts, Corporate Law, Criminal Law, Debtor and Creditor, Elder Law, Estate Planning, Family Law, Franchise Law, Health Care, Legal Malpractice, Litigation, Medical Malpractice, Municipal Law, Personal Injury, Product Liability, Professional Liability, Real Estate, Social Security Law, Tax Returns, Taxation, Toxic Torts, Wills, Trusts, Estate Planning and Probate Law, and Workers' Compensation.
- Mason City
- Esser & Isaacson:
cases including OWI/DUI and various misdemeanors
- Reindl Law Firm:
When you are faced with criminal prosecution, it can be lonely and frightening. It is seldom as black and white as one might expect. More often than not, there are conflicting versions of events.
- Lapointe, Tim:
Drug charges — possession, distribution, trafficking, manufacture, cultivation, importation
Violent crimes — simple and aggravated assault, murder, armed robbery, domestic violence
Burglary and theft — shoplifting, petty theft, carjacking, larceny, home invasion, identity theft
White collar crimes — embezzlement, extortion, money laundering, forgery, RICO violations
Sex crimes — rape, date rape, child molestation, Internet solicitation, prostitution
DUI/DWI/OWI — drunk driving, breath test refusal, driving with a suspended or revoked license
Traffic violations (OWI or felony related only)
- Heiny, McManigal, Duffy, Stambaugh & Anderson:
Banking & Finance Law
Business & Commercial Law
Employment Law - Employer
Guardianships & Conservatorships
Probate & Trust Administration
Real Estate Law
- McGuire Law:
Are you facing DUI charges in Mason City?
Were you pulled over and charged for DUI, or drinking under the influence in Iowa? The state of Iowa takes DUI very seriously and harshly penalizes those accused of DUI. Police officers are legally allowed to pull you over if they suspect you are under the influence of drugs or alcohol while operating a motor vehicle. If they determine your blood alcohol content, or BAC, level exceeds the 0.08% legal limit, you can be charged with DUI. Since harsh penalties accompany DUI charges, you need an experienced, aggressive Mason City criminal defense lawyer on your side to ensure you receive the best outcome for your case.
- Brown, Kinsey, Funkhouser & Lander:
A misdemeanor is a less serious crime, such as minor theft or public intoxication. The punishment for a misdemeanor is generally a fine or a short incarceration in a local jail. Typically, misdemeanors do not lead to an indictment or the convening of a grand jury, although some cases may be treated more seriously, as the same action can lead to a misdemeanor or a felony charge. In some states, defendants are not entitled to a court-appointed attorney when charged with a misdemeanor. Some states have set up courts specifically to handle misdemeanor cases, with less formal procedures.
A lawyer with experience in criminal defense can advise you on the procedures in your state. While a misdemeanor charge is less serious, conviction can still cause large difficulties for an individual who becomes a defendant. Persons charged with a misdemeanor should still get the counsel and assistance of a criminal defense attorney.
The penalties for a misdemeanor conviction are often less severe than felony penalties. This means more than simply smaller fines or less jail time. Persons convicted of a misdemeanor can usually still vote, serve on juries, and practice their job. A felony conviction makes all of these much less likely. In some instances, a criminal defense attorney can negotiate to have a felony charge reduced to a misdemeanor in order to reduce the punishment and future consequences of conviction.
The possibly serious consequences of a misdemeanor conviction mean that you should consult immediately with an experienced criminal defense attorney, should you be charged with a misdemeanor.
You should also keep in mind that some crimes may be charged as either a misdemeanor or a felony. In many states, marijuana possession is a misdemeanor, while possession of the same amount is a felony in other states. An assault can be charged as a felony or misdemeanor, depending on whether it causes lasting injury.
A traffic violation can become a misdemeanor or even a felony if it leads to injury or property damage.
- Yunek Law Office:
representing people charged with criminal violations ranging in severity from OWI and drug possession to assaults resulting in injury and even death. The firm has resolved many high profile cases through plea agreements where possible and trial, when necessary
- McGuire Law:
Dealing With a DUI Charge
If you were unexpectedly arrested for driving under the influence (DUI) in Iowa, you likely are facing serious consequences if you do not act quickly to handle the matter. Police officers have the right to pull you over if they suspect you have been driving under the influence of drugs or alcohol. It is illegal under Iowa state law to drive a motor vehicle with a blood alcohol content (BAC) level that exceeds the 0.08% legal limit. When you are arrested for DUI, you risk suspension of your driving privileges, steep fines and penalties. Without retaining an experienced Cedar Rapids criminal defense attorney to help you fight these charges, this could affect your ability to have transportation for work, increase your insurance rates and even affect employment opportunities in the future.
When facing a first DUI offense you can expect fines of up to $1250. with a minimum mandatory jail sentence of 48 hours and up to one year in jail. You will also have your license suspended for 180 days up to 1 year. Depending on circumstances, you may also be required to use an ignition interlock device and receive mandatory substance abuse evaluation and treatment.
Cedar Rapids DUI Defense
Just because you have been arrested for DUI does not mean you have to lose your license or get convicted. There are defenses that work to either reduce your fines and charges or dismiss them altogether. Deferred judgment is one option for first time offenders who have less than .15% BAC. In addition, law enforcement is required to follow all procedures for arrest, testing and evidence gathering. If they fail in any of these, your charges could be dismissed. Your ability to keep your license could depend on who you choose to represent you for your DUI charges.
- Phelps Law Office:
Drunk Driving / OWI / DUI
Drunk driving is not only driving with a blood alcohol of .08 or greater. The Iowa Code provides two ways to find a person guilty of OWI which is what it is called in Iowa (Operating While Intoxicated): driving with an alcohol concentration of .08 or greater or under the influence. Under the influence can be whatever the officer stopping you wants it to be. In addition to alcohol the Mothers of MADD have succeeded in convincing our legislators that any detectable amount of an illegal substance is an OWI even if the illegal substance has no effect on the driver whatsoever. So if you have smoked some weed in the last couple of days, you would be well advised not to give a urine sample.
Now you can also be thrown in jail for driving while impaired. If you are on medication that may or may not be a controlled substance and that medication adversely affects your driving, you may be charged with OWI. Two things to remember: if you are not to drive while taking the medication, and you are driving anyway , it is illegal and you can be convicted of driving while impaired. If you have any alcohol in your system, and I mean any, and you are also on medication and you are impaired in the eyes of law enforcement, off to jail you go.
- Nuzum, Matthias, Campbell, & Tyler:
Family Law/CINA, Real Estate Law, Small Claims, and
Estate Planning & Probate (including Guardianships &
Conservatorships), Estates and Estate Planning,
Trusts, Real Estate, Probate, Income Tax, Agricultural Law,
Corporate Law, and General Litigation
- Nidey Erdahl Tindal & Fisher:
Have you been charged with a criminal offense? Lawyers are
absolutely essential in the construction of an effective defense
regarding criminal charges and accusations.
- Hamilton, Darrin:
Right to an attorney extends beyond case at hand.
- Walker, Billingsley & Bair:
everyone is entitled to a fair trial and the best counsel
- Olberding Law Office:
Can I be arrested for questioning?
No. Police can request you to accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offence. It is not advisable to speak with the police until you have first spoken with your attorney. You should ask for a lawyer to be present during questioning.
Will I fingerprinted or have to be in a line-up?
If you are arrested, the police have the right to take your fingerprints and photographs.
What is non-testimonial evidence?
Even if not arrested, you may be required to provide a sample of your handwriting, to speak phrases associated with the offense or to have samples of your hair or saliva taken. You may insist that an attorney be present.
What is a Miranda warning?
A Miranda warning advises people of their constitutional right not to answer questions or to have an attorney present before answer any questions.
If I am not under arrest, do I have to answer a police officer`s questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.
Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.
If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say I want to speak with an attorney or I have nothing to say now. If the police continue to question the suspect, the police have violated the suspect`s 5th Amendment rights. Anything that the suspect says after the violation is inadmissible as evidence in court.
Can I waive my Miranda rights?
Yes. If you have been arrested, and you have been given your Miranda warning, then anything that you say can and will be used against you in court.
But the police officer said that if I talked, he would help me out.
This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, and how you will be sentenced, is up to the prosecutor and the presiding judge.
Criminal Justice Procedure.
Usually after a person is arrested, they will see the Judge as soon as possible. If arrested during the night or on a weekend or holiday, soon as possible is usually the nest business day. This is the Initial Appearance where you will be informed of the preliminary charge against you and any conditions of bail are set. If kept in jail, you have the right to a bail review hearing. The next step is the preliminary hearing where the State presents the formal charges against you and a summary of the evidence they intend to use. Generally, this is accomplished when the State files the trial information and minutes of testimony. After that, the Defendant has his arraignment where a plea of either not guilty or guilty is entered. If pleading guilty a sentencing date is set. If pleading not guilty, a trial date is set. Between the arraignment and trial, there is time for discovery and filing various motions. Pleas bargaining can also take place. If no plea bargain is reached, there will be a trial which generally results in either a not guilty or guilty verdict. If found guilty, there will be sentencing.
What is a plea bargain?
Settling a criminal case is usually called a plea bargain. It means that the prosecution and the defense come to an agreement to resolve the case. The case can be settled at several points during the process, from before it is charged all the way to trial's doorstep. Usually, however, the best bargain can be obtained earlier rather than later in the process. But usually doesn't mean always. It is important to remember that plea bargains are not binding on the Court unless the Court agrees to ahead of time. Generally, the Court will follow the plea bargain even if it will not agree to do so ahead of time.
- Walk & Murphy:
The use of the Internet for communications with the firm will not
establish an attorney-client relationship and messages containing
confidential or time-sensitive information should not be sent.
- Fisher, Michael:
A criminal charge of any kind is not just daunting - it can haunt you for the rest of your life. To effectively protect yourself, you need a legal team with an exceptional criminal law background and plenty of resources.
- Crookham-Johnson Law Office:
Family Law: visitation,
child custody, grandparents’ rights, spousal and child support, divorce,
division of property, modification of decrees, and paternity.
A criminal case is initiated and prosecuted by the government to enforce
criminal laws: felony, misdemeanor, and serious misdemeanor cases
Iowa’s Juvenile Court is a specialized court within the District Court which
has authority over four kinds of cases related to children: Children in Need
of Assistance; delinquency cases, those that would be considered criminal
acts if committed by an adult; commitment proceedings, and adoption. Juvenile
Wills and Powers of Attorneys
When it comes to planning for the future or needing help in unforeseen
circumstances: A Power of Attorney is a written authorization to
represent or act on another’s behalf regarding financial or medical
decisions. A will is a legal document which determines the distribution of
assets following death.
- Heslinga, Dixon & Hite:
Wills, Trusts, Estate Planning & Probate
Business Law/Corporate Law
- Smith, Jeffrey:
Under Iowa law, it is illegal to drive while under the influence of alcohol or other drugs or a combination of these substances, while having a blood alcohol concentration of .08 or higher, or while having any amount of a controlled substance in your system. Furthermore, the implied consent law in the state means that if you are licensed to operate a motor vehicle, you agree to a breath, blood, or urine test to determine the presence of these substances in your body when law enforcement suspects you of driving while under the influence.
If you have been charged with an OWI in Ottumwa, Oskaloosa, or anywhere in Iowa, you do not have to automatically accept these charges. You do have the right to defend yourself against them and have your day in court. In order to mount an effective defense, you should work with an attorney who is experienced in OWI defense.
- Orsborn, Milani, Mitchell & Goedken:
Assault and battery
DWI / DUI / OWI
Possession of drugs
Theft and larceny
Homicide — murder/manslaughter
White collar crime
- Grefe & Sidney:
- Kreykes Law Office:
What should I do if I am pulled over for Operating While Intoxicated?
If you are investigated for Operating While Intoxicated, you should be aware of your rights as outlined in the preceding paragraph. You
should also be aware that you do not have to give an officer permission to search your motor vehicle if he or she requests to do so. An officer cannot search your motor vehicle without probable cause to believe that evidence of a crime will be located there. However if you consent to a search, the officer no longer has need to establish or allege probable cause to justify the search.
If you are pulled over for Operating While Intoxicated, you should be friendly and courteous to the Offcer. He or she is simply performing their duty and responsibility in fulfilling the functions of their job in an effort maintain safety upon the roadway. You may be asked to complete certain field sobriety tests, including a preliminary breath test. If you have any reason that you would be unable to complete the field sobriety tests (e.g. physical limitation, near sightedness, hard contact lenses, weather conditions, etc.) you should advise the office of that fact. If you feel capable of doing so, you should complete the field sobriety tests.
If the officer believes, after your completion of field sobriety test, that you are under the influence of alcohol, he or she will likely take you into custody and deliver you into the nearest law enforcement center to have a breath or blood sample taken to determine the level of blood alcohol concentration. In Iowa, blood alcohol concentration greater than .08% constitutes Operating While Intoxicated. Many times the decision on whether to provide a sample is dependent upon the particular circumstances. You should contact legal counsel if you have any questions whether you should provide a sample or not. If you do not provide a sample, your driving privileges will be suspended for up to a year by the Department of Transportation, regardless of the outcome of the criminal prosecution. If you do not provide a sample, you are also not eligible to receive a deferred judgment if you should ultimately plead guilty.
- Sioux City
- Widdison Law Office:
family law, business matters, personal injury, workers' compensation, social security, criminal defense, OWI, juvenile justice, and real estate
- Baron, Sar, Goodwin, Gill & Lohr:
all types of criminal cases, including:
- Roehrich, Douglas:
criminal law specialist
- Kayl, Angela:
family law, personal injury, and criminal defense
- Forker & Parry:
When you are charged with a crime, your life could change in an instant. Whether a felony or misdemeanor, a criminal charge can have a serious impact on your career, family, finances, and future. You could be facing a loss of liberty if you are sent to prison or face crippling fines. A criminal record could keep you from getting certain jobs or being able to possess firearms. If you are a college student, you could be suspended or expelled. It is essential that you have a skilled, aggressive advocate challenging the prosecution's evidence, who will work tirelessly to build a strong defense on your behalf and who will seek the best results for you.
Drug charges, including possession/distribution and conspiracy
Traffic offenses, including reckless driving, speeding tickets and more
Theft charges and fraud charges
Sex crimes such as date rape and sexual assault
Crimes such as murder, domestic violence and more
- Hall & Wingert:
OWI & DUI First/Multiple Offense(s) Ignition Interlock
- Thaler Law Office:
- Buckmeier & Daane:
- Vakulskas Law Office:
- McMinn Law Office:
Bankruptcy and Criminal Law
- Crary Huff:
Corporate and Commercial Law
Discrimination and Civil Rights Law
Domestic Relations and Family Law
Estate Planning and Probate
Litigation and Appeals
Personal Injury Law
Probate, Trust & Estate Administration
State, Local & Municipal Law
- Vonnahme Law:
Family Law, Personal Injury, Criminal Law, and Bankruptcy
Drug Crimes (possession, sale/trafficking, manufacture of crystal meth, cocaine, heroin, ecstasy, prescription drugs, and more)
Fraud/White Collar Crimes
Drunk Driving (OWI / DUI / DWI)
- Deck Law:
all types of felony and misdemeanor cases including, but not limited to, assault, disorderly conduct, domestic abuse, drug crimes, drunk driving, theft, burglary, and forgery
- Bikakis, Mayne, Arneson, Hindman & Hisey:
from simple misdemeanors to serious felonies, including first degree murder; vehicular manslaughter and other homicides; driving under the influence; drug offenses; and theft crimes, including burglary, robbery and grand larceny
- Kallsen, Rich:
* DUI Lawyer
* Bankruptcy Lawyer
* Divorce Lawyer
* Personal Injury Lawyer
- Lane, Craig:
Family Law (Divorce, Custody, Child Support, Adoption, Etc.)
Bankruptcy Law (Chapter 7 Bankruptcy)
Criminal Law (DUI, Assaults, Fraud, Etc.)
- Rhinehart Law:
DUI & OWI
If you have been arrested for a DUI or OWI, you want an experienced attorney who can handle both the criminal process and any license issues. An arrest in one state can affect your license in another state.
- Corbett, Anderson, Corbett, Poulson & Vellinga:
DUI/DWI Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the influence. A
conviction on DUI/DWI charges may result in fines, the revocation or
suspension of your driver's license, and possible jail time. In
addition, your insurance company may increase your rates to an
unmanageable level. In defending against an impaired driving charge,
you have many rights as a criminal defendant, including the right to
cross-examine the witnesses against you, even if they are police
officers. An experienced criminal defense attorney can make all the
difference in such a difficult case.
- Dunahoo Law Firm: Traffic violations can have serious
criminal consequences, particularly when a driver is accused of driving
under the influence. A conviction on OWI or DUI charges may result in
fines, the revocation or suspension of your driver’s license, and
possible jail time. In addition, your insurance company may increase
your rates to an unmanageable level. In defending against an impaired
driving charge, you have many rights as a criminal defendant, including
the right to cross-examine the witnesses against you, even if they are
police officers. An experienced criminal defense attorney can make all
the difference in such a difficult case.
- O'Bryan Law Firm:
The determination of the need for legal services and the choice of a
lawyer are extremely important decisions and should not be based solely
upon advertisements or self-proclaimed expertise.
- Hedberg, Owens, Hedberg & Walsh:
there is a flashy way to do things and the right way
- Bjorklund Law:
Iowa defines drunk driving as any person under the influence of alcohol, drugs,
or a combination of alcohol and drugs. When a person's blood-alcohol
concentration (BAC) level is .10 or more, it is presumed the person is under
the influence of alcohol. A person can rebut the presumption by providing
evidence that they were not under the influence or their BAC level was actually
below the legal limit at the time of the police stop. When performing a
chemical test at the station, the test result is presumed to be the person's
actual BAC level at the time of the initial police stop, provided the officer
performs the BAC test within two hours after the initial police stop. This
presumption can also be challenged with appropriate evidence offered by the
- Rutherford, Trewet & Knuth:
Drunk Driving / OUI
In today's society, a vehicle is a necessity. The firm’s goal is to
protect your right to own and operate a vehicle. The first line of
defense is to challenge the reason that you were stopped. There are bad
stops! There are many things that you need to do before appearing in
front of a judge.
- Bartolomai & Lange:
After you have been arrested for DWI you have ten days to request a hearing from the Iowa Department of Transportation or your license will be revoked. The burden of proof is on the arrested party to show why their license should not be revoked. This requires a technical and legal knowledge that most people do not have.
- * Urbandale
- Cunningham & Kelso:
Interference with Official Acts
- Rocha, Felicia:
- Marberry Law Firm:
- Berger, Peter:
Nearly everyone asks themselves this question if they have been charged with an OWI, DWI or DUI. Yes, there are some cases where legal representation isn't absolutely necessary, but as a general rule, the old saying holds true, "a person who represents himself has a fool for a client". This statement is very true most of the time. Frequently I am able to save a client from having to appear in court the first 3 times (initial appearance, preliminary hearing, then formal arraignment), and sometimes the final disposition (if a plea bargain is worked out) is done by mail. Reasons to hire an attorney include convenience, substantial time savings, and having everything arranged and worked out. Having to go to court each time rather than having a professional handle the case is very important to most people.
- Mossman Law Firm:
A criminal charge, regardless of its severity, can have serious consequences that will ultimately affect your liberty, your finances, your job and your reputation. If you have been charged with a crime, retaining an attorney who will aggressively defend your rights is essential to the outcome of your case.
- Lloyd, McConnell, Davis & Lujan:
non-felony criminal actions including OWIs (Operating While Intoxicated), driving while suspended or barred, assaults, thefts, drug-related offenses and traffic violations
- Tindal Law Office:
* Auto accidents
* Personal injury
* Family law
* Criminal defense
* Real estate
* Workers' compensation
* Estate planning
- Frerichs Law:
handling Criminal Defense, Personal Injury, and Civil Rights cases
- Abbott Law:
Domestic law / family law
- Roberts, Stevens & Prendergast:
* Family Law, including dissolutions, juvenile law, adoptions, custody, and placement
* Criminal Law
* Civil Litigation
* Personal Injury
* Municipal Law
* Real estate law
* Workers’ Compensation
- Walton, Draymond:
Traffic offenses – DUI, DWI, OUI, OWI
- Beecher, Field, Walker, Morris, Hoffman & Johnson:
- Forcier, Nina:
OWI / DUI Defense
Alternative Dispute Resolution – Mediation, Arbitration, etc.
Child Support & Custody
Guardianship & Conservators
Wills & Trusts
- West Des Moines
- McEnroe, Gotsdiner, Brewer, Steinbach & Rothman:
What You Should Know About Iowa OWI Laws
If you have been arrested for Operating While Intoxicated, contact an attorney immediately to assist you. An arrest for an OWI results in the State taking action against you in criminal court and in civil proceeding.
In criminal court, An OWI First Offense is a serious misdemeanor.
Imprisonment up to one year
48 hours in jail
Pay a minimum fine of $1,250.00
Additionally, the State in a civil proceeding can:
Revoke your driver’s licenses for up to 180 days if you fail the breath test
Revoke your driver’s license for 1 year if you refuse the breath test
Deny you a work permit for up to 30 days depending on breath results
- Higgins Law Firm:
Throughout Iowa, people are pulled over for minor traffic offenses after having a few drinks, given a Breathalyzer or field sobriety test, and if they are in violation of the legal limit, arrested and charged with operating while intoxicated (OWI or driving under the influence, DUI).
Although the consequences of OWI/DUI are generally understood, many people fail to fully grasp the severity of the situation until it is too late.
- Rouse Law:
There are strict mandatory penalties that come into play with even a first-time OWI. These penalties will likely have long-lasting negative implications.
Consequences may truly be dire where the offense is a second, third or subsequent, or if property is damaged or if someone is injured.
Incarceration, heavy fines, extensive loss of driving privileges, and long strict probationary periods are common.
- Kurmus, Penniengton & Hook:
MOTOR VEHICLE ACCIDENTS
DUI / OWI DRUNK DRIVING
- McEnroe, Gotsdiner, Brewer, Steinbach & Rothman:
OWIs (drunk driving) and alcohol related offenses (visit our dedicated OWI web site here)
Assault, Domestic Assault, Sexual Assault
Post Convictions Relief
Motor Vehicle Related Offenses
- Iowa Injury Law Center:
OWI is a serious problem and when the police arrest you for OWI or OUI the criminal system can be a puzzle. What do you say and to who? Who do you have to talk to? When should you not talk to anyone? Was it only a field sobriety test that the police officer performed? If you're innocent you need to prove it or make it so they can't prove otherwise. Even if you want to plead guilty you should get the same treatment someone in your position receives. OWI-1sts, OWI-2nd's and others are what we handle. No one should have to go through an OWI prosecution alone.
- Spellman Law:
DEFENSE AGAINST DRUNK BOATING CHARGES
Many people feel a little more lax when it comes to drinking and boating than they are with operating while intoxicated or driving under the influence (OWI/DUI). With less traffic in a boat than on the streets and with purely recreational goals, drinking on a boat is more commonplace. Further, many people feel that the fines, jail time and other penalties are not as severe for boating while intoxicated as they are for OWI/DUI.
However, Iowa takes boating while intoxicated at least as seriously as it takes drunk driving.
- Hudson, RJ:
White collar crimes
- Hudson, Mallaney, Shindler & Anderson:
20% Criminal Defense
20% Divorce / Separation
20% DUI / DWI
- McCarthy & Hamrock:
Drunk Driving in Des Moines
It is illegal in every state to drive a car, truck, motorcycle, or any
other motor vehicle with a Blood Alcohol Content (BAC) of .08 percent or
more. Someone who does so is guilty of Driving While Intoxicated (DWI)
or Operating While Intoxicated (OWI). Both of these charges are serious
offenses. When an accident is also involved, the penalties are even
If you face charges of drunk driving in Des Moines or the surrounding
areas, you need the services of attorneys who understand drunk driving
Des Moines Drunk Driving Arrest
You should never drink and drive, but people make mistakes and that
includes those in law enforcement. In Des Moines and elsewhere, a police
officer who stops you on suspicion of violating drunk driving laws can
determine your BAC through a chemical testing of your blood, breath or
urine. As in every state, Iowa maintains an Implied Consent law which
means that if you have a license to drive, your consent to a properly
requested BAC test by the police is implied. Should you refuse a BAC
test, drunk driving laws can levy harsher penalties against you.
A drunk driving defense by your lawyer may well revolve around whether
your BAC test was conducted properly. If it was not, the test results
that led to your drunk driving arrest may be invalidated.
New Drunk Driving Law in Des Moines, Iowa
It is important for Des Moines drunk driving attorneys to be familiar
with the latest DWI and OWI laws passed by Iowa legislators. Recently
added laws that a drunk driving attorney can explain to you in detail
Ignition Interlock Devices: If you are arrested for DWI or OWI, have
caused a drunk driving accident, or been convicted of a similar offense,
the Iowa Department of Transportation may require an ignition interlock
device be placed on your vehicle. This breathalyzer-type device checks
your BAC before allowing you to turn on your vehicle. Restricted
Licenses: The Iowa Department of Transportation may also issue temporary
restricted licenses and enforce other penalties on you without requiring
a court or judge to order the department to do so.
- Anderson, Robert:
There are few legal principles that we value more than that which seems like a cliche: "Innocent until proven guilty beyond a reasonable doubt." We would rather see a guilty person go free, than an innocent person go to jail or prison. The difference between freedom and many years in prison can sometimes only be found in the skill of an advocate.
Also, it is not uncommon for a person to be charged with far more than what they in fact are guilty of; many times justice involves making sure that one is not convicted of a more serious crime that what was actually committed.
- Coppola, McConville, Coppola, Hockenberg & Scalise:
You Have the Right to Remain Silent
In any criminal matter, including a white collar criminal investigation, it is important that you have representation as soon as you know that you are under investigation. The police and detectives are focused on making you admit guilt, even when you are not guilty. They are professionals trained at the securing of statements favorable to their investigation. You need to remember you have the right to remain silent and that it will not be held against you if you do so.
- Gaudineer, Comito & George:
A conviction will affect everything from your job and living situation to taking out a loan.