Iowa Drunk Driving Defense Attorneys
- Altoona
- Borseth Law Office:
DUI & DWI Law
- Ames
- Newbrough Law:
An OWI or DUI charge could mean the suspension of your driver's license.
- Carrol
- Cedar Rapids
- Clive
- Graves Law Firm:
The first day after being arrested or charged with a crime is crucial for the accused. An attorney can give advice about what to do, explain what the charges mean, and explain what the potential implications are. When faced with state criminal law charges, having an attorney can make the difference between staying in jail or going home.
- Council Bluffs
- Davenport
- Des Moines
Des Moines
- Dubuque
- Kintzinger Law Firm:
Having criminal charges brought against you can be extremly stressful and overwhelming.
- Iowa City
- Marshaltown
- Bolivar & Bidwell:
Gail E. Boliver
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Securities and Investments
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Alternative Dispute Resolution (ADR)
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Bankruptcy
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Immigration
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Personal Injury
* Workers Compensation
* Litigation
* Estate Planning
* Trusts & Estates
* Business Entities
Eric Bidwell
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Bankruptcy
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Agriculture Law
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Criminal Law
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Litigation
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Estate Planning
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Family Law
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Workers' Compensation
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Personal Injury
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Business Entities
- Moore, McKibben, Goodman, Lorenz & Ellefson:
Administrative Law, Agricultural Law, Alternative Dispute Resolution, Appellate Practice, Banking Law, Bankruptcy, Business Law, Civil Rights and Discrimination, Collections Law, Commercial Law, Contracts, Corporate Law, Criminal Law, Debtor and Creditor, Elder Law, Estate Planning, Family Law, Franchise Law, Health Care, Legal Malpractice, Litigation, Medical Malpractice, Municipal Law, Personal Injury, Product Liability, Professional Liability, Real Estate, Social Security Law, Tax Returns, Taxation, Toxic Torts, Wills, Trusts, Estate Planning and Probate Law, and Workers' Compensation.
- Mason City
- McGuire Law:
Dealing With a DUI Charge
If you were unexpectedly arrested for driving under the influence (DUI) in Iowa, you likely are facing serious consequences if you do not act quickly to handle the matter. Police officers have the right to pull you over if they suspect you have been driving under the influence of drugs or alcohol. It is illegal under Iowa state law to drive a motor vehicle with a blood alcohol content (BAC) level that exceeds the 0.08% legal limit. When you are arrested for DUI, you risk suspension of your driving privileges, steep fines and penalties. Without retaining an experienced Cedar Rapids criminal defense attorney to help you fight these charges, this could affect your ability to have transportation for work, increase your insurance rates and even affect employment opportunities in the future.
When facing a first DUI offense you can expect fines of up to $1250. with a minimum mandatory jail sentence of 48 hours and up to one year in jail. You will also have your license suspended for 180 days up to 1 year. Depending on circumstances, you may also be required to use an ignition interlock device and receive mandatory substance abuse evaluation and treatment.
Cedar Rapids DUI Defense
Just because you have been arrested for DUI does not mean you have to lose your license or get convicted. There are defenses that work to either reduce your fines and charges or dismiss them altogether. Deferred judgment is one option for first time offenders who have less than .15% BAC. In addition, law enforcement is required to follow all procedures for arrest, testing and evidence gathering. If they fail in any of these, your charges could be dismissed. Your ability to keep your license could depend on who you choose to represent you for your DUI charges.
- Mingo
- Phelps Law Office:
If youâve been charged with a crime in central Iowa... ...you need to minimize or eliminate the consequences.
- Nevada
- Olberding Law Office:
Can I be arrested for questioning?
No. Police can request you to accompany them to a police station for questioning but you are not required to go unless you have been arrested for an offence. It is not advisable to speak with the police until you have first spoken with your attorney. You should ask for a lawyer to be present during questioning.
Will I fingerprinted or have to be in a line-up?
If you are arrested, the police have the right to take your fingerprints and photographs.
What is non-testimonial evidence?
Even if not arrested, you may be required to provide a sample of your handwriting, to speak phrases associated with the offense or to have samples of your hair or saliva taken. You may insist that an attorney be present.
What is a Miranda warning?
A Miranda warning advises people of their constitutional right not to answer questions or to have an attorney present before answer any questions.
If I am not under arrest, do I have to answer a police officer`s questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.
Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.
If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say I want to speak with an attorney or I have nothing to say now. If the police continue to question the suspect, the police have violated the suspect`s 5th Amendment rights. Anything that the suspect says after the violation is inadmissible as evidence in court.
Can I waive my Miranda rights?
Yes. If you have been arrested, and you have been given your Miranda warning, then anything that you say can and will be used against you in court.
But the police officer said that if I talked, he would help me out.
This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, and how you will be sentenced, is up to the prosecutor and the presiding judge.
Criminal Justice Procedure.
Usually after a person is arrested, they will see the Judge as soon as possible. If arrested during the night or on a weekend or holiday, soon as possible is usually the nest business day. This is the Initial Appearance where you will be informed of the preliminary charge against you and any conditions of bail are set. If kept in jail, you have the right to a bail review hearing. The next step is the preliminary hearing where the State presents the formal charges against you and a summary of the evidence they intend to use. Generally, this is accomplished when the State files the trial information and minutes of testimony. After that, the Defendant has his arraignment where a plea of either not guilty or guilty is entered. If pleading guilty a sentencing date is set. If pleading not guilty, a trial date is set. Between the arraignment and trial, there is time for discovery and filing various motions. Pleas bargaining can also take place. If no plea bargain is reached, there will be a trial which generally results in either a not guilty or guilty verdict. If found guilty, there will be sentencing.
What is a plea bargain?
Settling a criminal case is usually called a plea bargain. It means that the prosecution and the defense come to an agreement to resolve the case. The case can be settled at several points during the process, from before it is charged all the way to trial's doorstep. Usually, however, the best bargain can be obtained earlier rather than later in the process. But usually doesn't mean always. It is important to remember that plea bargains are not binding on the Court unless the Court agrees to ahead of time. Generally, the Court will follow the plea bargain even if it will not agree to do so ahead of time.
- Osage
- Walk & Murphy:
The use of the Internet for communications with the firm will not
establish an attorney-client relationship and messages containing
confidential or time-sensitive information should not be sent.
- Pella
- Kreykes Law Office:
What should I do if I am pulled over for Operating While Intoxicated?
If you are investigated for Operating While Intoxicated, you should be aware of your rights as outlined in the preceding paragraph. You
should also be aware that you do not have to give an officer permission to search your motor vehicle if he or she requests to do so. An officer cannot search your motor vehicle without probable cause to believe that evidence of a crime will be located there. However if you consent to a search, the officer no longer has need to establish or allege probable cause to justify the search.
If you are pulled over for Operating While Intoxicated, you should be friendly and courteous to the Offcer. He or she is simply performing their duty and responsibility in fulfilling the functions of their job in an effort maintain safety upon the roadway. You may be asked to complete certain field sobriety tests, including a preliminary breath test. If you have any reason that you would be unable to complete the field sobriety tests (e.g. physical limitation, near sightedness, hard contact lenses, weather conditions, etc.) you should advise the offi ce of that fact. If you feel capable of doing so, you should complete the field sobriety tests.
If the officer believes, after your completion of field sobriety test, that you are under the influence of alcohol, he or she will likely take you into custody and deliver you into the nearest law enforcement center to have a breath or blood sample taken to determine the level of blood alcohol concentration. In Iowa, blood alcohol concentration greater than .08% constitutes Operating While Intoxicated. Many times the decision on whether to provide a sample is dependent upon the particular circumstances. You should contact legal counsel if you have any questions whether you should provide a sample or not. If you do not provide a sample, your driving privileges will be suspended for up to a year by the Department of Transportation, regardless of the outcome of the criminal prosecution. If you do not provide a sample, you are also not eligible to receive a deferred judgment if you should ultimately plead guilty.
- Sioux City
- Rhinehart Law:
DUI & OWI
If you have been arrested for a DUI or OWI, you want an experienced attorney who can handle both the criminal process and any license issues. An arrest in one state can affect your license in another state.
- Corbett, Anderson, Corbett, Poulson & Vellinga:
DUI/DWI Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the influence. A
conviction on DUI/DWI charges may result in fines, the revocation or
suspension of your driver's license, and possible jail time. In
addition, your insurance company may increase your rates to an
unmanageable level. In defending against an impaired driving charge,
you have many rights as a criminal defendant, including the right to
cross-examine the witnesses against you, even if they are police
officers. An experienced criminal defense attorney can make all the
difference in such a difficult case.
- Unknown
- Dunahoo Law Firm: Traffic violations can have serious
criminal consequences, particularly when a driver is accused of driving
under the influence. A conviction on OWI or DUI charges may result in
fines, the revocation or suspension of your driverÕs license, and
possible jail time. In addition, your insurance company may increase
your rates to an unmanageable level. In defending against an impaired
driving charge, you have many rights as a criminal defendant, including
the right to cross-examine the witnesses against you, even if they are
police officers. An experienced criminal defense attorney can make all
the difference in such a difficult case.
- O'Bryan Law Firm:
The determination of the need for legal services and the choice of a
lawyer are extremely important decisions and should not be based solely
upon advertisements or self-proclaimed expertise.
- Hedberg, Owens, Hedberg & Walsh:
there is a flashy way to do things and the right way
- Bjorklund Law:
Iowa defines drunk driving as any person under the influence of alcohol, drugs,
or a combination of alcohol and drugs. When a person's blood-alcohol
concentration (BAC) level is .10 or more, it is presumed the person is under
the influence of alcohol. A person can rebut the presumption by providing
evidence that they were not under the influence or their BAC level was actually
below the legal limit at the time of the police stop. When performing a
chemical test at the station, the test result is presumed to be the person's
actual BAC level at the time of the initial police stop, provided the officer
performs the BAC test within two hours after the initial police stop. This
presumption can also be challenged with appropriate evidence offered by the
defendant.
- Rutherford, Trewet & Knuth:
Drunk Driving / OUI
In today's society, a vehicle is a necessity. The firmÕs goal is to
protect your right to own and operate a vehicle. The first line of
defense is to challenge the reason that you were stopped. There are bad
stops! There are many things that you need to do before appearing in
front of a judge.
- Bartolomai & Lange:
After you have been arrested for DWI you have ten days to request a hearing from the Iowa Department of Transportation or your license will be revoked. The burden of proof is on the arrested party to show why their license should not be revoked. This requires a technical and legal knowledge that most people do not have.
- Urbandale
- Berger, Peter:
Nearly everyone asks themselves this question if they have been charged with an OWI, DWI or DUI. Yes, there are some cases where legal representation isn't absolutely necessary, but as a general rule, the old saying holds true, "a person who represents himself has a fool for a client". This statement is very true most of the time. Frequently I am able to save a client from having to appear in court the first 3 times (initial appearance, preliminary hearing, then formal arraignment), and sometimes the final disposition (if a plea bargain is worked out) is done by mail. Reasons to hire an attorney include convenience, substantial time savings, and having everything arranged and worked out. Having to go to court each time rather than having a professional handle the case is very important to most people.
- Washington
- Tindal Law Office:
* Auto accidents
* Personal injury
* Family law
* Criminal defense
* Real estate
* Workers' compensation
* Estate planning
* Bankruptcy
- West Des Moines
- Gaudineer, Comito & George:
A conviction will affect everything from your job and living situation to taking out a loan.
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