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 & 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.
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.
Vehicular Homicide Charges Reduced, No Incarceration Imposed
Muscatine County FECR056673. Vehicular Homicide was reduced to Involuntary Manslaughter. Total sentence was suspended.
Felony Drug Charges Charges Dismissed
Muscatine County FECR050038. Attorney Dean Keegan's client was charged with two counts of controlled substance violation, as well as two counts of failure to affix tax stamp. After a year of court appearances and negotiating with the prosecutor, all charges were dismissed with costs assessed to the State.
Carrying Weapons, Public Intoxication, & Disorderly Conduct Carrying Weapons & Public Intoxication Charges D
Linn County AGCR108044. Attorney Dean Keegan's client was charged with Carrying Weapons, Public Intoxication, and Disorderly Conduct. After plea negotiations with the State, Mr. Keegan was successful in dismissing the Carrying Weapons and Public Intoxication charges.
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.
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.
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.
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.
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.
Operating While Intoxicated 3rd Offense Charge Dismissed
Linn County OWCR104143. Attorney Dean Keegan's client was charged with a felony 3rd offense OWI. Mr. Keegan argued the officer did not have reasonable grounds to pull over his client. The charges were dropped from a felony to a ticket fine of $15.00 for being in a park past closing time.
I am glad he was there to get my head out of the guillotine when I needed him and keep my record clean.- Ryan
My family and friends appreciate all you have done. Thank you.- Michael
Andrea Jaeger is the best defense attorney in the world.- Orlando
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.