The best defense against an operating while intoxicated (OWI) charge in Iowa is to refrain from drinking and driving. However, drivers often take to the road after having a drink or two and are pulled over by officers under suspicion of drunk driving.
5 things to keep in mind if pulled over for OWI
The penalties for drinking and driving when under the age of 21
In Iowa, like many other places, the legal drinking age is 21. This isn't news to most people, nor would it be a surprise to acknowledge that people under the age of 21 sometimes also consume alcohol -- particularly college students living on their own for the first time.
How your prescriptions can lead to an OWI charge
When most people think of driving while under the influence, they first think of drunk driving. However, many do not realize the government might attempt to prosecute you for driving while taking prescription drugs. Because of Iowa's broad approach to controlled substances, those taking prescription medications can find themselves unfairly charged.
SCOTUS allows warrantless blood draws from unconscious drivers
If you are pulled over for OWI, stay awake. You lose some of the constitution's protection if you pass out, according to a new ruling by the U.S. Supreme Court. If you remain awake, law enforcement officers must obtain a warrant before drawing your blood for a chemical test. If you're unconscious, however, they can draw your blood without bothering to get a warrant.
Could your CBD get you an OWI?
CBD, a non-psychoactive derivative of the cannabis plant, is widely available online and even in some retail stores. Nevertheless, it may not be fully legal and you should take care when using it. In Iowa, we only allow people with state-qualifying conditions to use medical CBD with a doctor's prescription, as long as the CBD contains very little THC, the psychoactive compound in marijuana.
Arrested for OWI or marijuana possession while celebrating 4/20?
Although marijuana remains illegal in Iowa and federally, many people still use it. Moreover, a lot of people are under the misimpression that driving under the influence of marijuana isn't dangerous or illegal. Unfortunately, that's not true.
Keto diet could create some positive OWI breath test results
These days, a lot of people are on the keto diet, a low-carb diet advertised to encourage weight loss. The diet puts your body into a state called "ketosis," where the liver begins to break down fat to fuel the body. Acetone, a byproduct of ketosis, is released through the breath in the form of isopropyl alcohol. This is different from ethanol, which is the type of alcohol people drink. The question is, can breathalyzers tell the difference?
Supreme Court to decide if states' implied consent laws are legal
The U.S. Supreme Court has agreed to take up a case that could have an important impact on Iowa law. At issue is whether police need a warrant before drawing the blood of an unconscious suspect in order to determine his level of intoxication.
Do you have to perform a chemical sobriety test in Iowa?
If you are pulled over in Iowa under the suspicion of drunk driving, do you have to take a breathalyzer test? Unless you know your legal options ahead of time, you may accidentally hurt your case.
High visibility OWI enforcement expected beginning this week
The holiday season, beginning with Thanksgiving and continuing through the rest of the year, is among the busiest times for drunk driving. So many celebrations offer alcohol, and many people end up over the limit without even realizing it. For that reason, many law enforcement agencies engage in what's called "high visibility enforcement," or HVE, at this time of year.
