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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 & Mason, our Iowa City OWI/DUI defense attorney knows how to guide clients through this challenging process and help them make wise decisions about their future.

Contact our knowledgeable criminal defense lawyers today at (319) 499-5524 or contact us online.

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, contact Keegan, Tindal & Mason today at (319) 499-5524.

SUCCESSFUL results for our clients

Protecting Your Freedom & Rights
  • Operating While Intoxicated Record Expunged

    Johnson OWCR106890. Attorney Dean Keegan's client received an Operating While Intoxicated, a serious misdemeanor. After reviewing the videos, Mr. Keegan filed a Motion to Suppress arguing the officer denied his client's right to make a phone call. The State declined to present testimony at the hearing and the Motion to Suppress was granted, making the client eligible for a deferred judgment. Mr. Keegan's client will have her record expunged and be able to obtain a license after 90 days instead of 180.

  • Drug Charge Charge Dismissed

    Johnson County No. OWCR039210, Iowa City, Iowa. Attorney J. Dean Keegan conducted a three-day long suppression hearing which presented the first challenge to the "Drug Recognition Protocols" used in Iowa.

  • Embezzlement No Criminal Charges Filed

    Cedar Rapids, Linn County, Iowa. An employee of a Cedar Rapids business accused of embezzling six million dollars was not charged criminally after the County Attorney agreed to abide by an agreement negotiated by Attorneys J. Dean Keegan and Jerald Kinnamon in which the accused would pay two million dollars to the company.

  • Vehicular Homicide Charge Dismissed

    Johnson County No. FECR058630- Iowa City, Iowa. Attorneys J. Dean Keegan and Jerald W. Kinnamon successfully challenged the withdrawal of blood from a Defendant without his permission after a rollover accident in which a passenger in the vehicle was killed.

  • Vehicular Homicide Charge Dismissed

    Muscatine County No. FECR03718 - Muscatine, Iowa. If convicted of the vehicular homicide while intoxicated, as alleged in this case, the Defendant would have faced the possibility of a 25-year prison sentence, 17 years of which would have to be served before he would be eligible for parole. Following the depositions of the investigating officer and consultation with an accident reconstruction expert, Attorneys J. Dean Keegan and Jerry Kinnamon negotiated the dismissal of Vehicular Homicide as part of a plea

  • OWI Charge Dismissed

    Johnson County No. OWCR083001 - Iowa City, Iowa. Attorney J. Dean Keegan alleged that the Defendant's rights to contact a lawyer or family member may have been violated after his arrest. He requested video of the breath test from the arresting officer to support his allegation. When the officer failed to produce the video evidence in response written requests, a subpoena, and a Motion to Compel, the State conceded the issue and dismissed the offense.

  • OWI Acquittal at Jury Trial

    Johnson County No. OWCR077717- Iowa City, Iowa. Acquittal at jury trial of a defendant accused of Operating While Intoxicated who refused a breath alcohol test. Tried by Attorney J, Dean Keegan.

  • OWI Case Overturned

    State v. Hornik, Segura, et. al.Iowa City, Johnson County, Iowa. When the state of Iowa established that the Datamaster breath testing machine could be used to test subjects being investigated for OWI, it failed to establish a protocol for its proper use. Attorney J. Dean Keegan, in conjunction with the Johnson County Public Defender's Office, mounted a challenge to the use of the machine based on the lack of uniform instructions for its operation.

  • Zero Tolerance Driver's License Revocation Zero Tolerance Driver's License Revocation Overt

    Iowa Dept. of Inspection and Appeals Docket No. 08DOTOW3937. Attorney J. Dean Keegan successfully challenged a "Zero Tolerance" license revocation on the basis that the officer had failed to allow the driver to contact a family member or attorney for legal advice before submitting to the test.

  • OWI 2nd Offense Charge Dismissed

    Muscatine County No. OWCR040280 - Muscatine, Iowa. After Attorney Dean Keegan scheduled the deposition of the State's expert witness in this case, he learned that the breath test was inappropriately administered by the arresting officer. The State dismissed the offense outright and agreed that the breath test result should be inadmissible so the Defendant would not face the proposed one-year administrative revocation of her driver's license.

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  • I am glad he was there to get my head out of the guillotine when I needed him and keep my record clean.

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J Dean Keegan, Attorney at Law Qualifications HD

When you need an attorney, calling Dean Keegan, Attorney at Law, can be your first step toward taking back control of your situation and your life. Dean Keegan is the Founding Chair of the Iowa Trial Lawyers Association, Criminal Law Section. He has served on the Executive Board of the Iowa Association for Justice and is a member of the Nation College of DUI Defense and National Association of Criminal Defense Attorneys.