Read Iowa DUI OWI DWI Lawyer Jason B. Huseman Answers about Iowa DUI Laws
- Can I fight my Iowa DUI?
Simply speaking, yes. I can review every aspect of the case, from the reason that you were stopped, to the validity of the field sobriety tests, to the maintenance of the breathalyzer machine, to the validity of the results. I will conduct a thorough review of all the facts and the Iowa DUI DWI or Iowa OWI laws regarding your Iowa OWI DUI case.
Also, I will discuss the case with the prosecutor and judge, pointing out your background, your job, and the need for you to keep your license. Because our practice is dedicated to Iowa OWI and Iowa DUI DWI defense, and because our DUI attorneys have backgrounds in prosecution, we have an intimate knowledge of the Iowa DUI system, and in-depth experience representing clients in Iowa DUI trials. Our experience in prosecution allows anticipating, and preparing for, strategies employed against our clients.
If you are charged with an Iowa OWI or Iowa DUI, we will use all of our knowledge and experience in Iowa DUI OWI defense to protect you from conviction.
In addition to our dedication to protecting the rights of the accused, we are committed to providing a superior level of client service. At our office, we work one-on-one with you to make sure you understand the process and prevent unwelcome surprises. We keep you informed on the status of your case and respond promptly to your inquiries. We understand how stressful a criminal prosecution is, and working with your lawyer should never be an additional source of stress. You will always be treated with respect, courtesy, and professionalism.
Ultimately in an Iowa DUI case, the decision to negotiate pleas or proceed to trial is yours. We will, however, guide and advise you on the entire way. Our goal is to make sure you have the information and advice you need to make the best choice. When your future is on the line, having knowledgeable and understanding advocates can make all the difference.
- What is illegal under Iowa DUI OWI DWI laws?
Below are the Iowa DUI Laws. I have complete knowledge and experience with the Iowa DUI laws that may (or may not) apply to your case. I fully encourage you to call me to discuss any aspect of your facts, the Iowa OWI DUI laws, and what I can do to help you with this situation.
- Will the law take into account my past good behavior, my career, and the effect a loss of driving privileges will have on my life?
Yes. Because sometimes bad things happen to good people, and I will point these very facts out in order to minimize the problems a Iowa DUI might have in your life.
- Why should I hire Jason B. Huseman to handle my Iowa DUI or Iowa OWI case?
Jason B. Huseman background and experience Make him extremely qualified to handle any Iowa DUI or Iowa OWI arrest. Mr. Rehkemper completed his undergraduate studies at Coe College in Cedar Rapids, Iowa and he received his law degree from Drake University Law School, where he graduated with high honors. Form the inception of his legal career, Jason B. Huseman has focused his energy toward learning and polishing the art of successful criminal defense litigation. While in law school, he successfully completed the Neal & Bea Smith Law Center Clinic in Criminal Defense and Advanced Clinic in Criminal Defense.
Jason B. Huseman has built his practice and reputation upon providing aggressive and spirited defense for those charged with Iowa DUI or Iowa OWI. He prides himself on a though the investigation of each case and an assurance that the client can expect a straightforward evaluation and consultation on the merits of his or her Iowa DUI case.
Jason is admitted to practice law in the State of Iowa, as well as the District Courts for Southern and Northern Iowa and the United States Court of Appeals for the 8th Circuit.
Jason B. Huseman is an Active Member of the following:
- Iowa Association of Criminal Defense Lawyers
- National College for DUI Defense
- Iowa Trial Lawyers Association
- American Trial Lawyers Association
Jason B. Huseman is certified in NHTSA Standardized Field Sobriety Testing
What can I expect if an Officer suspects me of driving drunk?
Often times, an officer’s initial observations play an important role in determining whether or not he/she will expand his traffic stop into a drunk driving investigation. These observations include, among other things:
- You’re driving;
- Your physical appearance;
- Do you “smell of alcoholic beverage?
- Do you have “bloodshot and watery eyes?
- Are your clothes messy or soiled?
- Do you have problems speaking clearly “slurred speech”?
- Do you have problems maintaining your balance?
- Admitting to drinking or coming home from a party or bar;
- Observations of vehicle – open alcohol containers in the vehicle.
- When an Officer makes observations that give him reason to believe that you are driving while drunk, he will then expand his investigation. The most common observations are “bloodshot and watery eyes” and the “smell of alcoholic beverage”
At this point, the officer asks whether or not you have been drinking or if are coming from a bar or party. If the answer to this is “yes”, he/she will then likely request that you exit the vehicle in order to perform field sobriety tests. There are three primary field sobriety tests used in Iowa. (1) Horizontal Gaze Nystagmus – officer checks your eyes and has you follow his finger; (2) Walk and turn; and (3) One leg stand.
If the officer believes in his subjective opinion that you failed the tests, he/she will often request that you provide a sample of the Preliminary Breath Test device better known as the PBT. At this point, regardless of whether you pass or fail this test, you will most likely be arrested for OWI.
Once at the police station, the officer then reads what is called the Implied Consent Advisory and requests that you provide a breath sample in the Data Master direct breath-testing device. This advisory informs the individual of the consequences of their driving privileges of taking the test and failing it as opposed to refusing the test. This is the big machine that prints out a reading that the State will attempt to use against you in court. The result of this test will determine the number of variables with regards to license suspensions, work permit eligibility, severity of the sentence and so on.
After taking and presumably “failing” the test, the officer will ordinarily request to conduct an interview with you regarding your alcohol consumption that evening. After that you are provided with a citation and released; returned to lock up and given an opportunity to call someone to bail you out or sit until the morning when you can see a judge.
- You’re Iowa DUI Iowa OWI Rights
Many times at the outset of the individual’s encounter with an officer, the officer will not have enough evidence to arrest, let alone obtain a conviction at trial for OWI. An officers questions and observations from the initial contact with a suspect are designed to elicit the necessary evidence that would support the charge. As such, an individual’s responses to the officer’s questions have a significant impact on the outcome of the case. Once you are stopped by law enforcement, you have rights! Knowing and exercising your rights can significantly increase the odds of your case is resolved in your favor.
- The 5th Amendment – At no time can you be required to be a witness against yourself. Simply put, you do not have to answer questions from police officers that could incriminate you. Keep your mouth shut. Example: Officer asks if you have been drinking or coming from the bar. The answer could and often times is incriminating in nature. You do not have to answer it and your refusal to answer that question on this basis cannot be used against you.
- Field Sobriety Testing: YOU DO NOT HAVE TO PERFORM ANY OF THESE TESTS!!! Whether or not you “pass” or “fail” these tests is dependent upon the subjective determination of the officer. Chances of an officer (that already suspects you of driving drunk) saying that you passed these tests are incredibly slim. Your driving privileges cannot be suspended for refusing these tests.
- Preliminary Breath Test: YOU DO NOT HAVE TO TAKE THIS TEST!!! This is an unreliable instrument, the results of which are not admissible in Court. Your driving privileges cannot be suspended for refusing this test.
- ATTORNEY. The most important! You have both a constitutional and statutory right to consult with an attorney prior to taking the direct breath test at the station. Iowa law provides that once you arrive at the place of detention, you must be provided the opportunity to contact an attorney and/or family member if you so request. However, you must exercise this right by requesting to make a phone call to an attorney or family member. The officer does not have to tell you about this right. You also have the right to consult with an attorney or family member in private and in person so long as it does not interfere with the officer’s 2 hour time period in which to offer the test.
- Data Master Direct Breath Test: This is the test at the station. The results of this test are admissible in court. If you refuse this test your license will be immediately suspended by the Department of Transportation for 1 year on a first offense. If you take the test and “fail” (blow over .08 for adults) your license will be suspended for 6 months for a first offense. By taking this test, you provide the State with evidence that can and will be used against you at trial. You do not have to take this test, however, as previously stated; there are adverse repercussions with regards to your driving privileges. It is highly advisable to consult with an attorney prior to making the decision whether or not to take this test.
- Independent Test: If you fail the direct breath test at the station, you have the right under Iowa law to request that an independent chemical test is conducted at your own expense. The officer must then take you to a local clinic or hospital of your choosing (within reason) to have this test performed. It can be either blood or urine. Again, the officer does not have to inform you of this right. You must make the request.