Have you been arrested for operating while intoxicated (OWI) in Cedar Rapids, Iowa? Call Arenson Hofmeyer PC for a consultation at (319) 363-8199. Our experienced Cedar Rapids OWI lawyers can help you fight back against the charges you’re facing and aim toward the best outcome we can as the law permits.
Our legal team has over a century of combined experience representing clients in Iowa, giving us a track record that prosecutors take notice of. Get in touch with us today to learn more about what we can do to help you respond to the situation with confidence.
Why Hire Arenson Hofmeyer PC To Defend Your OWI Charges in Cedar Rapids, IA?
It’s important to keep in mind that the state has to prove every element of your offense beyond a reasonable doubt, which is the highest burden of proof standard in the law. That gives Arenson Hofmeyer PC plenty of room to work with when it comes to representing your rights. A few reasons to consider choosing our team in Cedar Rapids, IA include:
- Over 100 years of experience altogether across our team
- Direct access to your attorney by phone
- Individual attention and strategies tailored to your circumstances
- Familiarity with criminal law matters in Cedar Rapids and Linn County
- Clear communication at each stage of your case
- A modern approach that makes use of the available technology
- Representation from a criminal defense team prepared to defend your interests in court
- Awards and accolades received from organizations like Martindale-Hubbell, Avvo, and more
Contact our Cedar Rapids criminal defense attorneys today for an initial consultation. We’re ready to go to bat for you right away.
What Is Operating While Intoxicated Under Iowa Law?
Iowa generally uses the term operating while intoxicated, or OWI, rather than DUI or DWI. Iowa Code § 321J.2 makes it a crime to operate a motor vehicle under certain conditions. A person can be charged with OWI if they operate a vehicle:
- While under the influence of alcohol, drugs, or a combination of the two
- With a blood alcohol concentration (BAC) of 0.08% or higher
- While any amount of a controlled substance is present in their blood or urine, subject to applicable legal rules and defenses
These are separate grounds for an OWI charge. For instance, you could face prosecution based on alleged impairment even if your BAC was below 0.08%. Drug-related charges may also involve different kinds of evidence than alcohol-related cases.
What Are the Penalties for an OWI Conviction in Cedar Rapids?
The penalties for an OWI conviction in Cedar Rapids depend on several factors, including your criminal history and whether you have prior OWI convictions. Iowa law generally treats a first offense as a serious misdemeanor, a second offense as an aggravated misdemeanor, and a third or subsequent offense as a Class D felony. Depending on the circumstances, an OWI conviction can result in:
- Jail or prison time
- Substantial fines and court costs
- Driver’s license suspension or revocation
- Mandatory substance use disorder evaluation and treatment
- Required completion of a drinking driver education course
- Probation and other court-imposed conditions
- A permanent criminal record
Penalties generally increase with each subsequent conviction. Prior qualifying offenses, including those from other states, may also affect the charges and potential consequences you face. Beyond criminal penalties, an OWI conviction can affect your employment, finances, and ability to drive. An experienced Cedar Rapids OWI lawyer can review your case, explain the potential penalties, and help you explore your defense options.
Can I Lose My Driver’s License Before My OWI Case Is Over?
Yes. Iowa’s driver’s license revocation process is separate from the criminal case, so you could lose your driving privileges even without a conviction. Under the state’s implied consent rules, refusing a properly requested chemical test can lead to revocation. Certain test results can also trigger action by the Iowa Department of Transportation (DOT). The length of the revocation depends on your record and the circumstances. For example:
- A first qualifying test-result revocation is generally 180 days
- A first test refusal generally results in a one-year revocation
- A later qualifying revocation may last one or two years, depending on the reason
- A third OWI conviction can result in a six-year revocation
You generally have only 10 days after receiving an OWI revocation notice to request a hearing. Missing that deadline can prevent you from challenging the administrative action. Some drivers qualify for a temporary restricted license, although an ignition interlock device is generally required. Contact an OWI attorney as soon as possible so you can address the criminal case and the license issue before important deadlines pass.
What Defenses Can I Raise Against OWI Charges in Iowa?
Iowa takes impaired driving seriously, but the prosecution still has to prove its case. Police reports and chemical test results can be challenged when the evidence supports doing so. For example, a breath test may appear convincing until maintenance records raise questions about the machine’s accuracy. In another case, video footage may contradict an officer’s description of how you behaved. Overall, depending on the circumstances, possible defenses include:
- The law enforcement officer lacked a lawful reason to stop your vehicle
- Police did not have sufficient grounds for your arrest
- The evidence doesn’t establish that you operated the vehicle
- Breath-testing equipment wasn’t properly maintained or calibrated
- Blood or urine samples were mishandled or tested incorrectly
- Field sobriety tests were affected by medical conditions or other factors
- Your constitutional rights were violated during the investigation
- The available evidence doesn’t prove intoxication beyond a reasonable doubt
Our Cedar Rapids criminal defense lawyers can review all of the available information to identify weaknesses in the prosecution’s case. Appropriate legal motions may help exclude evidence, and negotiations could lead to having your charges dropped altogether. However, note that we can’t guarantee an outcome in advance.
Can I Receive a Deferred Judgment for a First OWI in Iowa?
Possibly. A deferred judgment means the court postpones entering a conviction while you complete certain requirements, such as probation. If you meet the conditions, the case can be resolved without a judgment of conviction being entered. However, Iowa limits eligibility for this option. A deferred judgment generally isn’t available in certain situations, including when:
- You have a qualifying prior OWI conviction or deferred judgment
- Your test result exceeds a BAC of 0.15%
- You refused chemical testing
- Another person suffered bodily injury as a result of the offense
Other exclusions may apply as well. A deferred judgment doesn’t automatically prevent an administrative license revocation, either. We can review whether you’re eligible and discuss the potential benefits and drawbacks. Get in touch today.
What Should I Do After an OWI Arrest in Cedar Rapids, Iowa?
What you do after a drunk driving arrest can affect both your criminal case and your driving privileges. It’s important to keep track of all paperwork and follow the instructions in any notice you receive. Some steps to consider include:
- Write down everything you remember about the traffic stop and arrest
- Keep copies of court documents and DOT notices
- Pay close attention to the deadline for challenging a license revocation
- Avoid discussing the allegations on social media
- Attend required court appearances
- Contact a criminal defense attorney before making major decisions about your case
An OWI conviction can also lead to collateral consequences that can impact where you’re allowed to live and work. Addressing the charge early gives our OWI attorneys more time to preserve evidence and prepare a defense on your behalf.
Schedule a Consultation With a Cedar Rapids OWI Attorney
An OWI arrest in Cedar Rapids, IA, can leave you worried about your freedom and future. However, you have every right to defend yourself, and Arenson Hofmeyer PC can help you make informed decisions throughout the legal process. Our Cedar Rapids OWI attorneys are part of a team with over a century of combined legal experience. We’ll examine the charges against you and work hard to protect your rights no matter what it takes if you decide to hire us for your defense. Contact our law offices today to schedule an initial consultation and take the first step.