SPELLMAN LAW, P.C.
Based In West Des Moines, Iowa, Practicing In Central
Iowa And Throughout The State Of Iowa

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Defenses for OWI/DUI charges

On Behalf of | Aug 2, 2022 | Drunk Driving |

When the police pull over a car and arrest the driver for being under the influence, the driver might fear what comes next. Drunk driving penalties in Iowa could leave someone facing fines, jail time and a loss of driving privileges. Those facing a third or fourth arrest for operating a vehicle while intoxicated would mean felony charges. Drivers worried about their situation may feel some relief after learning about some potential drunk driving defenses.

Defending drunk driving charges

Drunk driving charges should have no merit if a driver was not intoxicated. However, false positives may lead to an arrest. The police could pull over a driver for a moving violation, and upon suspecting a DUI, a Breathalyzer test follows. Unfortunately, tests could reveal positive results for alcohol, not from having mixed drinks or beer, but from medicine or mouthwash. The accused may straighten things out in court.

Issues with the Breathalyzer test might serve as the basis for a defense. Breathalyzers could be defective, leading to improper results. Sometimes, the police officer makes mistakes, which could also skew the results. Even problems may arise with laboratory blood tests. Both Breathalyzer and blood tests could provide evidence of a DUI. If these results are problematic, a DUI case might not hold up.

Other defenses in court

Other defenses to OWI or DUI charges could undermine a case against the accused. Besides the Breathalyzer test, the police officer will conduct a field sobriety test. As with a breathalyzer test, a police officer could make a mistake due to poor training or another issue. Any errors could come up in court when defending the charges.

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Sean P. Spellman
Mary K. “Molly” Spellman