What can you do if you are facing a charge of drunk driving in the state of Iowa? Your best bet is to call a traffic lawyer. Chris Kopecky is founder and lead counsel of The Traffic Lawyers, P.A., based in Oberland Park, Kansas, and serving the three states of Kansas, Missouri and Iowa. Here, he talks about what you can expect if you have been charged with an OWI or DUI in the state of Iowa.
The state of Iowa charges OWIs for Operating While Intoxicated, as opposed to the more well-known DUI charge. An OWI is basically the same as a DUI, it’s just that Iowa chooses to call it by a different name.
You have 10 days in the state of Iowa to request an appeal of your driver’s license hearing. If you fail to do this, or if you do appeal and lose, then you will lose your license for six months. If you refuse the breath test, you will lose your license for a year.
Iowa has available to first-time offenders a potential sentencing option called a “deferred judgment.” A deferred judgment allows a defendant to keep a conviction of his OWI off his criminal record, and is only available if you have a blood alcohol level of .15 or below.
Deferred Judgment
In the event that your blood alcohol level is above .15, not only are you ineligible for a deferred judgment, but you are looking at a minimum of two days in jail, as per the statutes. We have had some success in arranging for defendants to do their two days in a hospital program in lieu of jail time.
There have been many instances where we have represented clients that have not had to appear in court themselves even if they are required to do jail time. The reason for this is we have been able to provide written pleadings, which have allowed them to avoid having to make a personal court appearance. Our clients are always excited about this as they do not have to go to court and plead in front of the judge.
Call Us Today
If you are facing an OWI conviction, call The Traffic Lawyers of Kopecky law today. OWIs are not something to take lightly, and time is of the essence if you are charged. We can help you keep your license, avoid skyrocketing insurance rates, stay out of jail, reduce your fines, and even avoid a conviction. You need a lawyer to make sure that your rights are protected, which is why we are here. Remember, you must request an administrative hearing within 10 days of being arrested, so don’t wait.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
