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.
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.
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.
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?
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.
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.
Suppose you've been drinking and had been planning to drive. Realizing you're too intoxicated to do so safely, you decide to avoid driving and sleep it off in your car. To keep warm, you start the engine, but you don't have any plans to drive. While you're asleep, the police notice you. Can they arrest you for OWI just for being in the car while intoxicated?
In Iowa, drunk driving is considered "operating while intoxicated," or OWI. It is defined as operating a motor vehicle while under the influence of alcohol, a drug, or a combination of substances. A blood alcohol concentration of 0.08 is considered "per se" OWI, as is having "any amount" of a controlled substance in one's system.
In Iowa, all drivers are subject to the implied consent law, which states that drivers agree to taking a blood, breath or urine test if pulled over by a police officer who has reasonable suspicion of intoxication.
The Iowa State Fair has started, and will run through August 20. While fairgoers can look forward to Grandstand entertainment, rides, fair food and the Butter Cow, others could find themselves with a wristband they didn't ask for: handcuffs.