Cedar Rapids OWI Attorney
In Cedar Rapids and Iowa City, as with the rest of the US, it is perfectly within your rights to drive after drinking alcohol. However, there are limits we’re required to observe, and in this case these limits are legally defined and regularly enforced. While it is legal to drive after drinking, it is illegal to drive if you’ve exceeded the .08 BAC limit.
So what should you do when you need to drive but know you’ve surpassed the legal limit? The answer is easy – you shouldn’t! Have a sober friend drive, walk or call a cab – a ride home in a taxi is MUCH cheaper than the cost of an OWI. Hey – Cedar Rapids even has UBER now, so a driver is just a few app clicks away.
If you’ve had a few drinks, but feel you are safe to drive, it’s still a good plan to take a few precautions. While I can’t give you solid recommendations on what is “Your Limit,” you should know your stopping point if you are planning on driving home. The later it gets at night, the more likely police will be to pull you over for something like failing to signal a lane change (especially on I80 between Iowa City and Cedar Rapids) in the hopes of catching you over the legal BAC limit.
Don’t give the police reason to pull you over.
It is surprising all the reasons that officers can pull you over- even having just one license
plate light out is a valid reason to stop you. Understand, however, that police need a reason to legally pull you over. Don’t give them one. Follow these rules every time:
- Drive the speed limit
- Wear your seat belt
- Use your turn signals
- Make sure everything on your car is working properly
- Make sure your tags are up to date and are clearly visible
It is unconstitutional for a cop to pull over citizens at random. If the police do not have a legitimate reason to stop you, you can challenge the stop in court and potentially have the case dismissed. An experienced OWI attorney is needed to determine if the stop was legitimate or not.
You’ve been pulled over. Now What?
So what happens if you get pulled over and the police officer thinks you’re over the limit?
Your appearance, gestures and mannerisms will help the cop determine whether or not to give you a field sobriety test. The officer will check for signs like blood shot and watery eyes, slurred speech, and breath that smells like alcohol. If the officer has enough of these indicators, he will ask you to take some tests to confirm the OWI (the following are the most common):
- Preliminary breath test (PBT) – This is a breath test that an officer will give you at the scene of the stop. It is not admissible as evidence in court, however failing this test is a reason in itself for a cop to take you to jail and administer a test that will be admissible.
- Walk and Turn – The officer will give you instructions to walk heel to toe for nine steps, turn around and walk back in the same manner.
- Horizontal Gaze Nystagmus (HGN) – The officer will have you watch his finger or a pen while he moves it back and forth. The eyes of a person under the influence of alcohol will twitch at certain points while watching the finger.
- One Leg Stand – The officer will have you stand on one foot while counting to 30.
If you are pulled over, be courteous and do not try to talk your way out of the situation. Remember, you always have the right to remain silent and can politely decline to answer any questions that would condemn you in court. You are also not obliged to take any field sobriety test and it is perfectly within your rights to refuse them.
Note that refusing the field tests does not get you off the hook for an OWI charge. If you refuse or if you take the tests and show enough indicators of intoxication, you will be taken to the police station or hospital for an official breath or blood sample. If the sample shows your BAC is .08 or above, you will be charged with operating while under the influence (OWI). Again, it is within your right to refuse this test as well.
So why do people take the test anyway?
No matter the outcome of the test, the consequences for refusing are always greater:
- If it’s your first offense, you take the test and you are over the BAC limit, you’re going to lose your license for 180 days- refusing the test will get you an automatic full year without a license. On a second offense, testing over the limit will cost you your license for a year, but refusing will get you 2.
- Depending on how much you exceeded the limit, after your first offense you may be eligible for a work permit immediately, or wait at the most 30 days for one. By refusing, you will have to spend a full 90 days waiting just to be eligible for a permit.
- Again, depending on how far over the limit you are, you might be required to use an ignition interlock device in your car. If you refuse the test, the device is mandatory.
The following is a breakdown of OWI law in Iowa:
- OWI 1st offense is a serious misdemeanor. There is a mandatory minimum sentence of 2 days in jail and a $1,250 fine. The 2 days can be spent by participating in the drunk driver’s weekend program and the fine can be cut in half if you obtain a work permit.
Under certain circumstances, a person can be eligible for a deferred judgment with an OWI 1st offense. - OWI 2nd offense is an aggravated misdemeanor with a mandatory minimum sentence of 7 days in jail and a $1,875 fine.
- On the 3rd offense the OWI becomes a class D felony and carries a mandatory minimum sentence of 30 days in jail and a $3,125 fine.
- For all of these offenses, you will have to complete a substance abuse evaluation and follow any recommended treatment. You will be required to pay a 35% surcharge on the fine (1st – $438; 2nd – $656; 3rd– $1,094), pay a $10 DARE surcharge and cover court costs.
If you have any questions about a DUI or OWI In the state of Iowa, don’t hesitate to contact us! We’ve worked on these cases before and have the knowledge and expertise to handle your OWI charge in the Cedar Rapids and Iowa City areas.