Should I Take A Breath Test?

The decision to take a breath test depends on a number of factors, including your driving record. When you are faced with this question, the first thing you should do is call an attorney. An experienced drunk driving defense lawyer can analyze your situation and explain your options. Without knowing any details, the answer is: it depends.

To discuss your options with a knowledgeable attorney, call 319-887-6900 to schedule a free initial consultation.

Refusal Results In Automatic Penalties

Refusing to take a breath test in Iowa results in automatic penalties, including the loss of your driver's license for at least one year. Under the state's implied consent law, you have implicitly agreed to submit to a test for drugs or alcohol in exchange for the use of public highways. The state is not required to obtain a warrant and the penalties take effect even if you were never convicted in court.

Several requirements must be met before a police officer can rightfully invoke the implied consent law. Attorneys J. Dean Keegan and Thomas D.S. Farnsworth can help you determine whether your case met the criteria for invoking implied consent. As a former probation officer, Mr. Keegan knows how your decision to take a breath test will affect your future. Mr. Farnsworth's experience as a prosecuting legal intern showed him how the implied consent law affects defendants in court.

In short, the years of criminal defense practice our lawyers have is extensive. Attorney Keegan and Attorney Farnsworth's understanding of the code and case law provides a knowledge base to aggressively defend your case.

What If I Already Failed A Breath Test?

If you have already submitted to a breath test and failed, you still have the right to an independent chemical test administered at your own cost. The results may be used to rebut the state's evidence of a failed test against you.

Decisions need to be made quickly after you have been arrested for OWI/DUI. Once you are released from jail, you must challenge your license revocation within 10 days or you will be subject to an automatic revocation. Our attorneys can appeal your case and keep you driving beyond the 10-day grace period.

Contact Us To Discuss Your Case

If you have failed a breath test or are facing penalties under Iowa's implied consent law, call our attorneys in Iowa City and Cedar Rapids at 319-887-6900 or email us to schedule your free initial consultation.