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.
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.
Possession with Intent to Deliver Marijuana and Methamphetamine Charges Dismissed
Washington Count FECR5351. Attorney Tindal and Attorney Clemens Erdahl successfully argued that evidence of drug manufacture was obtained in violation of the Constitution. All charges were dismissed.
Possession with Intent to Distribute Charges Dismissed
Iowa County FECR010358. Attorney Tindal was able to show the Court that his client was detained in violation of his Constitutional rights and that the K9 utilized in the search was unreliable. Following hearing all charges were dismissed.
Second Degree Sexual Abuse and Other Charges Acquittal at Trial
Johnson County FECR089277. The Defendant was charged with Second Degree Sexual Abuse and other charges. Following a one-week trial by Mr. Tindal, the Defendant was acquitted of all charges.
Sexual Abuse in the 2nd Degree Conviction Reversed on Appeal
Iowa Supreme Court No. 04-361. The Defendant was convicted of Sexual Abuse in the 2nd Degree. On appeal, Mr. Tindal successfully argued that the conviction was based on improperly admitted evidence. The conviction was reversed.
Trafficking Stolen Weapons and Misdemeanor Theft Charge Dismissed
Scott County FECR384046. The Defendant was charged with Trafficking Stolen Weapons and Misdemeanor Theft. The Court dismissed the felony following a Motion litigated by Mr. Tindal. The Defendant subsequently pled to the remaining misdemeanor.
Vehicular Homicide Charges Reduced
Johnson County FECR68296. The Defendant was charged with Vehicular Homicide. Following a suppression hearing, Mr. Tindal and his co-counsel were able to show that the blood test result was taken in violation of implied consent procedures. The case was subsequently resolved for a misdemeanor.
First Degree Murder and Child Endangerment Causing Death Acquitted of First Degree Murder at Trial
Henry County FECR005634. Attorney Tindal’s client was charged with First Degree Murder and Child Endangerment Causing Death. Following a two week trial, the Defendant was acquitted of all charges.
Operating While Intoxicated Reduced to Public Intoxication
Johnson County OWCR116811. The Defendant was charged with Operating While Intoxicated. Mr. Tindal was able to win the Iowa Dept of Transportation appeal and have the blood test result thrown out. The case was resolved for a public intoxication charge and no loss of license.
Operating While Intoxicated Second Offense Reduced to Public Intoxication
Washington County OWIN010946. The Defendant was charged with Operating While Intoxicated Second Offense. Following long negotiations with the State the Defendant was able to plead to a Public Intoxication and have his driving privileges reinstated.
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.
He was professional, knowledgeable and prompt. He was very effective in his communication.- David
I am glad he was there to get my head out of the guillotine when I needed him and keep my record clean.- Ryan
Attentive and a Standup Guy- John
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.