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.
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.