Council Bluffs OWI Lawyer

Operating while Intoxicated or Impaired (OWI) carries serious penalties if you’re caught. Having a blood alcohol concentration (BAC) of .08% or higher is considered to be driving under the influence, and finding an OWI attorney in Council Bluffs, IA, is highly recommended in this situation.

This major offense might affect your freedom, ability to get a job, and ability to drive both temporarily and long term. Berry Law has attorneys in Iowa who specialize in OWI offenses.

It may be possible to recognize your OWI accusation as a temporary setback rather than a serious criminal offense. Our criminal defense attorneys that specialize in OWI defense are here to uphold your rights and fight for you. 

What Happens if I Am Charged With an OWI in Iowa?

Penalties for being convicted of a OWI in Iowa vary based on circumstantial factors such as previous OWI offenses. When accused of an OWI, offenders must undergo a substance abuse assessment and treatment and may also need to complete a course on drinking and driving or participate in a qualified substance abuse program.

The following are the punishments determined by the court for each offense:

First OWI Offense in Iowa

A first-time OWI offense is classified as a Serious Misdemeanor and can result in:

• 48 hours to one year in county jail
• $1,250 fine/civil penalty, plus court costs, surcharges, and other expenses
• License revocation: 180 days to a year (depending various factors including the results of chemical testing, refusal to submit to chemical testing, date and results of prior chemical testing, prior OWI offenses, etc.)
• Ignition interlock device (IID): For the duration that the temporary restrictive license (TRL) is in effect, an ignition interlock device must be installed.

Second OWI Offense in Iowa

A second-time OWI offense is classified as an Aggravated Misdemeanor and can result in: 

• Seven days in county jail to two years in state prison
• $1,875 to $6,250 fine, plus court costs, surcharges, and other expenses
• License revocation: One to two years (depending various factors including the results of chemical testing, refusal to submit to chemical testing, date and results of prior chemical testing, prior OWI offenses, etc.)
• Ignition interlock device: This may be required for some or all of the period of revocation if you are eligible to obtain a TRL and choose to do so.

Third OWI Offense in Iowa

A third-time OWI offense is a Class D Felony and can result in: 

• 30 days in county jail to five years in prison
• $3,125 to $9,375 fine, plus court costs, surcharges, and other expenses
• License revocation: Six years 
• Ignition interlock device: This may be required for some or all of the period of revocation if you are eligible to obtain a TRL and choose to do so.

In addition, a judge has the authority to order restitution be paid to responding agencies including firefighters, police, ambulances, medical assistance, and any other emergency services. A judge can also order restitution for items used in conjunction with testing such as medical equipment or a mouthpiece for the breath test machines.

Will Refusing to Take a Chemical Test Help My OWI Case?

Although you have the option to decline the chemical or field sobriety test, doing so could result in legal consequences. You should always weigh the consequences before making the decision to agree or refuse a chemical test.

Chemical tests, as they relate to an OWI in Iowa, refer to a test of a person’s breath, urine, or blood. You may have an option to refuse one of these tests, or opt to consent to a different type of testing, depending on the circumstances of the case. Analysis of the specific facts and circumstances of your case are required before determining what can, or should, be done with chemical testing. 

Under Iowa’s implied consent law, the law presumes that you have consented to a chemical test by driving on Iowa’s public roadways. 

However, you have the option to decline being tested at any time. If you withdraw or decline permission to take the test, the officer cannot legally conduct it and must advise you of the repercussions. You have the right to refuse, but doing so may be used against you in court. 

Defending Yourself vs. Hiring an Attorney for a Criminal Case

You are legally able to represent yourself if you are charged with an OWI. However, the severity of your sentence will rely solely on your legal knowledge and ability to assess if a plea protects your future. 

Hiring a defense attorney for your OWI will ensure that you are fully prepared for court appearances, have proper documentation filed on time, and that your rights are protected and maintained. Additionally, your lawyer can assist you with the proper procedures to reinstate your driving privileges and complete recommended or mandatory evaluations. 

If you choose to retain an OWI defense lawyer over defending yourself, you will secure numerous advantages, including familiarity with the court system and prosecutors, quality legal analysis, and knowledge of viable alternative resolution options. These advantages are especially valuable if you are a repeat OWI offender.

Save Money by Contacting an OWI Lawyer

Your insurance rates may rise after an OWI conviction, and it may be difficult to secure employment. Contact our Council Bluffs OWI lawyers today. They will be able to evaluate your case and provide you with viable and legitimate options regarding your case. These options may impact more than you realize including insurance rates, employment, and driving privileges.

The defense attorneys at Berry Law have a great deal of expertise with  OWI matters, from the preliminary investigation to the trial phase. They can be costly and have a serious impact on your future. To get someone on your side that can maximize your chances at your desired result and protect your rights, schedule a free consultation with our Iowa staff. We’re here to win for you.