Should I Take A Breath Test?
Get Help From an Experienced Iowa City & Davenport 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 & Jaeger 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.
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.
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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.” - Ryan