Should I Take A Breath Test?
Get Help from an Experienced Iowa City Criminal Defense Attorney
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 Keegan, Tindal & Mason and schedule a free consultation about your case.
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. Our firm can help you determine whether your case met the criteria for invoking implied consent. As a former probation officer, J. Dean Keegan knows how your decision to take a breath test will affect your future. The years of criminal defense practice our lawyers have is extensive. Our attorneys understand the code and case law and provide 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 Now to Discuss Your Case
If you have failed a breath test or are facing penalties under Iowa's implied consent law, call our firm right away. We have offices in Cedar Rapids and throughout Scott County, and we are eager to help you protect your future.
Dial (319) 499-5524 now and schedule your free consultation.
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.
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.