OWI/DUI Frequently Asked Questions
Iowa City Criminal Defense Lawyer Answers Your Questions
An OWI/DUI conviction affects individuals for the rest of their lives. Besides fines, jail time, and license revocation, it can also affect employment eligibility, insurance premiums, and one’s reputation. When facing charges for driving while under the influence of alcohol or drugs, it is important to hire a legal firm you can trust. At Keegan, Tindal & Jaeger, our Iowa City & Davenport OWI/DUI defense attorney knows how to guide clients through this challenging process and help them make wise decisions about their future.
For your benefit, we have provided some answer to some frequently asked questions below. If you do not find the answer to your question, please do not hesitate to reach out to us. We offer free consultations to help you get the representation you deserve.
Should I Take a Breath Test?
This is the most common question that we receive. Unfortunately, there is no clear-cut yes or no answer.
When determining the best course of action, there are several factors to consider, including:
- How many previous offenses are on your record
- How much you had to drink
- Whether you require a work permit
Our experienced drunk driving defense lawyers can analyze your situation and help you understand your legal options.
Can I Obtain a Work Permit or Temporary Restricted License in Iowa After My License Has Been Suspended for Owi?
Work permit restrictions vary depending on the number of previous OWI offense you have on your record. You may obtain a work permit following a first offense. However, if your BAC was over .15 percent, you will need to wait 30 days after the revocation commences. Refusing to take a breath test will increase the waiting period to 90 days.
It is important to note that anyone under 21 will be required to wait at least 60 days before they can receive a school or work permit.
After a second offense, you will have to wait 45 days before you can obtain a work permit. If you refuse to take a breath test for the second time, you will not be able to get a work permit until after one year of license revocation. You will also be required to have an ignition interlock device installed on your vehicle.
A third conviction will make you ineligible for a work permit for a period of one year, after which you may obtain a work permit with court approval.
Can I Be Arrested for OWI if the Vehicle Was Not Moving?
Law enforcement has the right to arrest you for OWI whenever they have reasonable grounds to approach your vehicle and suspect that you might be under the influence, even if your vehicle was parked. It is essential to speak with an experienced criminal defense attorney to ensure your rights were not violated during the arrest.
Can My Iowa OWI Be Expunged?
If you have been arrested for OWI, the arrest will remain on your record unless you get it expunged, regardless of whether you are convicted. If you received a deferred judgment, fulfilled your probation, and paid all your fees, you are eligible to have an OWI cleared from your record.
What Is a Deferred Judgment?
A deferred judgment is when a court postpones its decision to provide an opportunity for an individual charged with OWI to avoid permanent conviction by fulfilling the terms of a probationary period. You may only have two deferred judgments in your lifetime.
For more information about OWI/DUI in Iowa City & Davenport, contact Keegan, Tindal & Jaeger today at (319) 499-5524.
Reduced to Public Intoxication OWI/DUI
OWCR012975 Iowa County: The defendant was seated in the driver's seat of her vehicle, in a ditch, when law enforcement came upon her. Her PBT was .180 and she subsequently refused to take the Datamaster. After identifying gaps in the State's prosecution, the State agreed to throw out her refusal and allow the defendant to plead to public intoxication.
Case Dismissed Federal Crimes
The defendant was charged with an immigration offense. Through substantial litigation, the defendant was released from jail. As a result of administrative proceedings, the Government was unable to bring the defendant to trial. The case was subsequently dismissed with prejudice on speedy trial grounds following counsel's motion to dismiss.
Southern District of Iowa 3:18-cr-00062.
Charge Dismissed Drug Crimes
Scott County case FECR409878, controlled substance violation. Charge dismissed after suppression of illegal search and evidence derived from said search, as well as suppression of evidence following prolonged detention of the Defendant without sufficient legal basis.
Acquitted of Multiple Forcible Felonies Federal Crimes
Client found not guilty of all charges, including Sex Abuse in the 2nd Degree and Burglary in the 1st Degree, following a week-long jury trial in Cedar County case FECR026469.
No Suspension of Driving Privileges OWI/DUI
Defendant was involved in an ATV accident in which injuries occurred. The defendant relied on his CDL for employment. He was taken to the hospital and law enforcement obtained a warrant for the defendant's blood. He was charged with an OWI. After significant negotiations, the defendant was able to plead to public intoxication with no suspension of his driving privileges.
“Would recommend them to anyone.” - Nora H.
“I’m very grateful as well as appreciative for you representing me.” - Charles W.
“I am glad he was there to get my head out of the guillotine when I needed him and keep my record clean.” - Ryan