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

In Iowa, drunk driving is called 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, 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 OWI and other criminal defense matters so that our clients get the most focused representation possible. Our Des Moines OWI defense attorneys 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 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 allows you to file for an appeal of your driver’s license revocation within ten days. If you don’t file an appeal with the DOT, your driver’s license revocation will commence after ten 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 breathalyzer 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 attorney by your side at every step of the OWI procedure to help you better understand the complicated system.

Actions To Take At Your OWI Stop

Knowing what to do – and what not to do – during an OWI stop relates to understanding how police collect evidence during the interaction. Here are several key actions to take during your stop:

1. Be cooperative but not talkative. Do not answer direct or even casual questions about what you were doing, and defer all interviews until you have spoken with a lawyer.
2. Decline to take field sobriety tests and a preliminary breath test at the stop. These tests are voluntary. However, you may be arrested and taken to the police station for further testing.
3. Ask to speak to an attorney in confidence immediately. The police are required to let you attempt to reach your lawyer before performing a breath or other test to determine blood alcohol content at the station.
4. Remain observant of police activities throughout the stop. Take notes if you can, and document any potential unlawful searches of your car by police.

Of these actions, calling your attorney is perhaps the most crucial. Our legal team can visit you at the police station and be present for questioning and other procedures.

What To Do After An OWI

If you have been pulled over and charged with an OWI (operating while intoxicated), then you need to take steps to prepare your defense. Here are some steps you can take to help defend against the charges.

You Have The Right To Remain Silent

First, as with any criminal charge, you have an absolute right to remain silent to avoid making incriminating statements against yourself. By the time you are reading this, it may be too late. However, if you are in a situation where you need to give a statement, be sure to contact a lawyer before you speak with anyone.

Take Notes, Gather Information

For your recollection, take notes about what occurred before, during and after the event in question. Memory can fail us later, and these details may be critical to your defense. You may also want to take pictures of any relevant scene, vehicle or location. If there are witnesses who can help provide information or testimony, it may be essential to include their contact information. Be sure to give all of this information to your attorney.

Meet With An Attorney Right Away

There are many reasons to meet with an OWI/DUI lawyer immediately after you have been charged on suspicion of OWI/DUI. In addition to the right against self-incrimination, there are other important considerations. There is a civil administrative proceeding for driver’s license revocation with separate timelines.

In addition, the sooner after the event, the better prepared your lawyer can be for any subsequent court appearances. An attorney can learn more about the evidence against you – such as the breathalyzer and field sobriety tests, the circumstances of your DUI arrest, and search and seizure issues – to develop legal defenses. Your attorney may advise you against making incriminating statements on social media and advise you on steps to take before your criminal proceeding continues – steps that may mitigate your consequences.

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. 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 the arraignment is likely the first and only time the defendant appears 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 if 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 and require the defendant to submit to a substance abuse evaluation and 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-$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.

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 | Free Initial Consultations

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 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.