Protect Your Record – Let A Des Moines OWI/DUI Defense Attorney Represent You

Last updated on April 29, 2026

In Iowa, drunk driving is officially known as operating while intoxicated (OWI, often called DUI). This is a serious offense. Even though people from all walks of life with no criminal history make the mistake of driving under the influence, the state of Iowa prosecutes OWI aggressively. If you have been charged with OWI, then you need an experienced Des Moines OWI defense attorney who can walk you through the legal process and defend you against these charges.

At Spellman Law, P.C., we limit our practice to managing OWI charges and other criminal defense matters so that our clients get the most focused representation possible. As Des Moines OWI defense attorneys, we will give you an honest assessment of your case and defend you from OWI charges.

The OWI/DUI Process

We will handle all aspects of your drunk driving case, from the free initial consultation to the trial and administrative hearings. Most OWI cases look something like this:

• Step 1: Filing for an appeal with the Iowa DOT: If you have been charged with an OWI, the Iowa Department of Transportation (DOT) allows you to file for an appeal of your driver’s license revocation within 10 days. If you don’t file an appeal with the DOT within that time, then your driver’s license revocation will commence after 10 days.
• Step 2: Preparation for a criminal trial: We will examine the severity of the offense (which is determined in part by whether it is a first, second or subsequent OWI offense), the nature and circumstances of the stop that led to the charge, and the investigation itself. We will explore all the reports, videos and breath test calibration logs. We will also look for ways to minimize or invalidate the charges brought against you in preparation for trial.
• Step 3: Criminal trial and administrative hearings: We will handle every aspect of your criminal trial and the corresponding DOT administrative driver’s license revocation hearings.

While you can attempt to handle these steps yourself, it’s best to have a criminal defense lawyer by your side at every step of the OWI process to help you better understand the complicated system.

What To Do During And After An OWI Stop

An OWI stop is stressful, and officers are trained to gather evidence against you from the moment they make contact. The decisions you make during the stop and immediately afterward can make the difference between a conviction and a strong defense. Follow these steps to protect yourself:

Use your right to remain silent: Hand over your license, registration and insurance card when asked, but stop there. Avoid answering casual questions about where you have been or whether you have been drinking. The less you say, the less evidence officers can use against you. As with any criminal charge, you have an absolute right to remain silent to avoid making incriminating statements against yourself. The smartest move during a traffic stop or after an arrest is to stop talking. Do not give statements to officers or investigators until you have spoken with your lawyer. Cooperate, but don’t overshare.

Refuse roadside tests: Field sobriety tests and preliminary breath tests at the stop are voluntary and often unreliable. Many sober drivers still fail them. Politely decline and wait for further testing at the station.

Pay attention to everything and take notes: Watch how officers conduct themselves, note any searches of your vehicle, and record details as soon as you can. Even small errors or misconduct can become valuable in your defense. Write down what you remember about the stop, arrest and testing procedures. Take photos if something at the scene seems important, and collect the names and contact details of any witnesses, if possible. Memory can fail later, and these details may be critical to your OWI/DUI defense. 

Request a lawyer immediately: As soon as possible, ask to contact an attorney. Police must give you the chance to reach your lawyer before conducting chemical tests, such as a breath or blood test. Keep in mind that Iowa law only gives you 10 days to appeal a driver’s license revocation. Contacting a lawyer right away protects your license and gives your attorney more time to challenge the evidence, review police conduct and prepare your defense.

Every one of these steps matters, but contacting your attorney as soon as possible is the most critical. The earlier a lawyer gets involved, the more opportunities there are to protect your record, your license and your future.

Police Officers Make Mistakes

Also, keep in mind that police officers are human, and they make mistakes. If an error or an act of misconduct led to a charge against you, it may be possible to have the charge reduced or dismissed. In many cases, mistakes on the part of police officers amount to violations of defendants’ rights. Talk to your lawyer about your options for mounting a strong defense.

Protecting Your Rights During The Preliminary Hearing

While an OWI/DUI preliminary hearing can be scary in many ways, it’s important to realize one thing: You have legal rights and must do what you can to protect them.

A DUI preliminary hearing is typically held as soon as possible after arraignment. It sounds complicated, but knowing what to expect will clear the air and help you understand the process. The following is what you can expect at the preliminary hearing:

• The judge will listen to arguments from your attorney and the prosecutor.
• The prosecutor can introduce physical evidence to convince the judge that your case should proceed.
• Your attorney can cross-examine any witnesses and question any evidence, all with the idea of convincing the judge to throw out the case.

Is There Always A Preliminary Hearing?

While some OWI charges lead to a preliminary hearing, this is not always true. Here’s why: Defendants have the right to plead guilty, meaning that the arraignment is likely the first and only time the defendant will appear in court.

Unfortunately, many plead guilty before exercising all their options for a strong defense.

There Are Still Options To Weigh

With so many choices to make after an OWI/DUI arrest, you need to understand your legal rights and the steps that you should and shouldn’t be taking.

You can plead guilty or not guilty. Either way, the decision should be strategic, and you need to know what will happen next with each option.

You also need to have a clear understanding of the potential punishment. This is based on many factors, including the number of OWI offenses on your record and whether you broke any other laws.

First Vs. Second OWI Offenses In Iowa

Like other states, Iowa increases the penalties for drinking and driving if it is not the defendant’s first offense. In the Hawkeye State, a first conviction for OWI means a jail sentence of at least 48 hours and up to one year, and a driver’s license suspension lasting between 180 days and a year. The judge can impose a fine of up to $1,250 or require community service. They can also require the defendant to submit to a substance abuse evaluation and complete a drunk driving course.

A second offense raises the charge to an aggravated misdemeanor and increases the minimum jail term to seven days, with a maximum of two years behind bars. You will lose your license for one or two years and pay $1,875 to $6,250 in fines. A third-lifetime offense is a Class D felony, punishable by 30 days to five years in prison and a license revocation lasting six years. Whatever your prior record is, you must begin confronting your drunk driving charge immediately after your arrest, ideally with the legal support of a Des Moines OWI defense attorney.

Common Defenses Against Iowa Drunk Driving Charges

Officers are required to follow strict rules during an OWI investigation. When they make mistakes, you could potentially receive reduced or dismissed charges. An experienced OWI defense attorney knows what to look for to challenge each aspect of the traffic stop and arrest, including those detailed below.

Was The Traffic Stop Justified?

Officers must name a valid reason to stop you, such as speeding or another traffic offense, broken taillights, or other equipment issues or tips from witnesses. They cannot stop you just because they have a hunch.

The standard of proof needed to justify a traffic stop is known as “reasonable suspicion.” This is a fairly broad legal term, but it does have limitations. The officer is only allowed to stop and possibly detain a driver for a short amount of time to identify any evidence to suggest that the driver is intoxicated or has committed another crime or traffic violation. Without sufficient evidence to suggest the driver is committing a crime, the officer cannot establish probable cause, which is necessary to place the driver under arrest.

Field Sobriety Tests Can Be Subjective

These tests are the bedrock of a prosecutor’s case. However, they are not always accurate. Many studies show that unimpaired people frequently fail these tests, as do people taking prescription medications and those with vertigo or even excessive fatigue.

Challenging Breath Testing Procedures And Results

Breath tests, which purport to measure blood alcohol content (BAC), are often flawed. Your defense attorney can subpoena records to check calibration. Calibration checks the device for accuracy, which the police are required to do periodically, or it could give skewed results. Courts have thrown out thousands of cases across the country due to improperly calibrated devices or officers without the necessary training to administer them.

Additionally, there are some medical conditions that could skew results. These include health conditions that produce ketones and substances that have alcoholic properties, such as diabetes and GERD.

Did The Officer Have Probable Cause And Follow Proper Arrest Procedure?

Just as an officer must have a legitimate reason to stop you in the first place, they also need to establish probable cause to make an arrest. The definition of probable cause varies from one alleged crime to another. In the case of drunk driving, if the officer suspects that you are driving while intoxicated, probable cause may include observations of your speech and behavior and/or test results. Some law enforcement officers regularly attempt to pass off minimal or ambiguous evidence as sufficient probable cause, which may not hold up in court.

They must also explain why they believe that you have committed a crime and are under arrest. They must inform you of your rights, including contacting an attorney. If you believe that an officer arrested you without sufficient evidence or because of inaccurate results from a sobriety test, that is something to immediately address with your attorney.

Exploring Rarer Defense Options

A less common defense is duress, meaning that the driver felt threatened and acted against their best judgment to avoid harm. A driver may be able to claim no knowledge if they can prove that someone spiked their drink without them knowing.

OWI Cases Are Complicated

OWI cases are very technical, especially those involving subsequent OWI offenses. Our founding attorney, Sean P. Spellman, has experience finding constitutional violations and other ways that arresting officers fail to comply with the law. As an experienced Des Moines OWI defense attorney, he understands the finer details of these cases and can provide a strong defense.

Contact Our Firm Today For A Free Initial Consultation

Sometimes, a little knowledge can go a long way to ease your concerns after receiving OWI charges. Contact us today if you need a skilled Des Moines OWI defense attorney.

Call our office in West Des Moines at 515-222-4330. You may also reach out to us online to schedule a free initial consultation to discuss your case with a Des Moines OWI defense attorney. We assist clients throughout central Iowa and are available 24/7. Connect with us today.