Operating while intoxicated (OWI) misconceptions are widespread and often lead to misunderstandings of legal rights and responsibilities. For instance, many people believe that one must be driving a vehicle to be charged with OWI. In reality, simply being in control of a vehicle while impaired can lead to legal consequences.
Understanding the true nature of OWI laws and dispelling myths is crucial for anyone facing such charges. Misconceptions can lead to poor decisions and hinder effective defense strategies. Individuals can better navigate the legal system and protect their rights by debunking common OWI myths.
This blog post will address several prevalent myths about OWI, including misconceptions about BAC levels, breathalyzer test refusals, the impact of drug use, and the feasibility of fighting an OWI charge. We aim to provide clear, factual information to help you better understand your legal situation.
If you or a loved one is facing charges in Iowa City or Davenport, schedule a consultation with Keegan, Tindal & Jaeger. Call (319) 499-5524 or message us online.
Myth 1: You Have to Be Driving to Get an OWI
A common misconception is that you can only be charged with OWI if your vehicle is in motion. Many believe that as long as they are not driving, they cannot be violating the law. This myth can lead to dangerous assumptions about the legal boundaries of OWI.
Fact: Under Iowa Code 321J.2(1), the offense of OWI is committed when a “person operates a motor vehicle.” The term “operate” extends beyond just driving; it encompasses having “immediate, actual physical control” of a vehicle, whether it is moving or merely has its engine running.
Legal insight: The legal principle of “actual physical control” is crucial in OWI cases. It means that even if you are not driving, being in a position to operate the vehicle while impaired is enough to constitute an OWI offense. For example, in State v. Wiezorek, the defendant was found asleep in a parked car with the engine running. Despite the vehicle being stationary, the court ruled that the defendant was in actual physical control of the car, thereby meeting the criteria for an OWI.
Myth 2: You Can’t Get an OWI if Your BAC Is Below 0.08%
A widespread belief is that you can only be charged with OWI if your blood alcohol concentration (BAC) is 0.08% or higher. This misconception can make people mistakenly assume they are safe from prosecution if their BAC is below this threshold.
Fact: In reality, impairment can be demonstrated regardless of BAC levels. While the 0.08% BAC level is known as the "per se" limit—meaning that a driver with a BAC at or above this level is automatically considered impaired under the law—drivers can still be charged with OWI even if their BAC is below 0.08%. The reason is OWI laws also consider whether a driver’s mental ability or judgment is affected by alcohol or other substances, not just the numerical BAC value.
Legal insight: Law enforcement officers use field sobriety tests and observational indicators to determine impairment. Field sobriety tests, such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus, help officers assess a driver’s balance, coordination, and ability to follow instructions. Additionally, officers look for signs of impairment, such as slurred speech, bloodshot eyes, erratic driving behavior, and the smell of alcohol. These observations can be sufficient to charge a driver with OWI, even if their BAC is below 0.08%.
Myth 3: Refusing a Breath Test Will Prevent an OWI Charge
Many people believe that by refusing a breath test, they can avoid being charged with OWI. This misconception leads to the false assumption that the prosecution cannot proceed with an OWI charge without a measured BAC.
Fact: Refusing a breath test can have serious consequences, including automatic penalties. According to Iowa Code 321J.9, if a driver refuses a chemical test, the test will not be administered. Still, the driver’s license will be revoked. This revocation is a civil penalty that occurs independently of any criminal charges. Additionally, refusal to take the test does not prevent the prosecution from pursuing an OWI charge. Prosecutors can use evidence such as field sobriety tests, officer observations, and witness testimony to justify the charge.
Legal insight: Iowa's implied consent law, outlined in Iowa Code 321J.6, states that anyone operating a motor vehicle in Iowa has implicitly agreed to submit to a chemical test if reasonable grounds exist to believe they are operating under the influence. Refusing a breath test can still result in legal repercussions. Law enforcement officers may present other indicators of impairment, such as erratic driving, physical symptoms of intoxication, and the results of field sobriety tests, to build a case against the driver.
Myth 4: You Can’t Fight an OWI Charge
A common and dangerous misconception is that once you are charged with OWI, contesting it is pointless. Many believe that an OWI charge is an automatic conviction, leading them to accept the charges without exploring possible defenses.
Fact: OWI charges can indeed be contested and, in many cases, can be reduced or even dismissed. The legal system provides numerous avenues for challenging the validity of an OWI charge.
Legal insight: Several defense strategies can be employed to fight an OWI charge.
A few examples of defenses include:
- Challenging the traffic stop
- Questioning the accuracy of BAC tests
- Examining field sobriety tests
- Assessing officer conduct
- Providing alternative explanations for driving behavior, such as medical conditions or prescription medications
Myth 5: Only Alcohol Leads to OWI Charges
A common misconception is that OWI charges only apply to alcohol impairment, often due to the association of OWI with drunk driving. This belief can lead to misunderstandings about the full scope of OWI laws.
Fact: In reality, drugs—legal and illegal—can impair driving and lead to OWI charges. According to Iowa Code 321J.2, having any amount of a controlled substance in one's system is a violation of the law. Furthermore, the law specifies that it is illegal to operate a vehicle while under the influence of any drug, not just alcohol. Prescription medications, over-the-counter drugs, and illegal substances can all result in an OWI charge if they impair your ability to drive safely.
Legal insight: Cases involving drug impairment are handled with the same seriousness as those involving alcohol. For instance, in the case of State v. Childs, the defendant was convicted of OWI while under the influence of marijuana. Despite the drug screen detecting only a non-impairing metabolite of marijuana in the defendant’s urine, the conviction was upheld because the defendant performed poorly on field sobriety tests and exhibited signs of impairment.
The Importance of Debunking OWI Myths
Understanding and debunking OWI myths is crucial for anyone navigating the complexities of the law. If you are facing an OWI charge, seeking professional legal advice is imperative to protect your rights and explore all possible defenses. Misunderstanding these myths can lead to severe legal consequences.
For those in Iowa City and Davenport, Keegan, Tindal & Jaeger offers professional defense services. Contact us at (319) 499-5524.