Defenses To OWI/DUI

Many people fail to defend themselves against OWI/DUI charges because they erroneously believe the charges against them are open-and-shut. In reality, there are many defenses to OWI/DUI because there are many opportunities for police officers to make mistakes and for equipment to malfunction. The outcome of your case will have a lasting effect on your life. It is in your own best interest to hold the authorities accountable for following proper procedures at every step.

If you have questions about the validity of your traffic stop or the results of your breath test, call 319-887-6900 to speak to an Iowa City drunk driving defense lawyer.

Attorneys J. Dean Keegan and Thomas D.S. Farnsworth have successfully defended many drivers against OWI/DUI charges stemming from procedural mistakes or faulty BAC testing equipment. The lawyers will examine the circumstances of your case to determine whether:

  • The police had probable cause to stop your vehicle
  • The police read you your rights
  • The field sobriety or breath test was properly administered
  • The BAC testing equipment was operated and maintained according to protocol
  • Communication requests were denied

Mr. Farnsworth is a former prosecuting legal intern who knows firsthand how prosecutors use BAC test results in court. Mr. Keegan has dedicated himself to understanding the science behind BAC testing and other scientific tools at the prosecutor's disposal.

DataMaster Plagued By Inaccuracies

DataMaster is the only breath test machine approved for use in Iowa, but several issues can render your BAC test results inadmissible and cause the state to drop the charges against you. The operator of the machine must be certified, the machine itself must be certified and calibrated, the test run results need to be recorded properly and the mouthpiece must be changed between tests. Even when these conditions are met, DataMaster is still prone to error.

The machine is essentially a calculator that makes assumptions about you. It cannot differentiate between subtle differences in biomechanics. The state has built assumptions into the machine and those assumptions benefit the state, not the defendant.

Contact Our Drunk Driving Defense Lawyers

Call 319-887-6900 or email us to arrange a free initial consultation in Cedar Rapids or Iowa City. Our office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. and we accept payments by cash, check and credit cards.