An operating while intoxicated (OWI) charge in Iowa occurs when an individual is found driving under the influence of alcohol, drugs, or a combination of both. This charge brings serious legal consequences, which can leave you feeling overwhelmed and uncertain about a suitable path forward.
Deciding whether to fight an OWI charge is not always straightforward. Several factors—such as the strength of the evidence, your prior record, and potential penalties—will influence your next steps. Every case is unique, and assessing your circumstances before choosing a strategy is essential.
While some may feel that accepting penalties is the simplest option, others may find challenging the charge worthwhile. Regardless of your initial thoughts, consulting with an experienced attorney is crucial in understanding your options and safeguarding your future.
Keegan, Tindal & Jaeger offers professional legal representation in Iowa City and Davenport. If you or someone you know is facing an OWI, contact us at (319) 499-5524 to schedule a consultation.
What Is an OWI in Iowa?
An OWI, or operating while intoxicated, is a serious offense under Iowa Code § 321J.2. This law makes it illegal to operate a vehicle under specific conditions that pose a risk to public safety.
An individual may face an OWI charge if driving when any of the following apply:
- Under the influence of alcohol and or drugs: This includes impairment caused by substances that reduce the driver's ability to operate a vehicle safely.
- Elevated alcohol concentration: Iowa law sets a legal alcohol concentration limit for OWI, meaning that even if the driver feels fine, driving with a BAC at or above 0.08 is considered illegal.
- Presence of controlled substance: If a person operates a vehicle with any detectable amount of a controlled substance in their system, they may be charged with an OWI, regardless of the degree of impairment.
The Consequences of an OWI Conviction
Being convicted of an OWI in Iowa extends beyond the courtroom. The consequences can affect your personal and professional life. Understanding these outcomes is essential when deciding how to handle an OWI charge.
The potential impacts of a conviction include the following:
- Legal penalties: A conviction can carry fines, driver’s license suspension, probation, and/or jail time.
- Personal and professional impacts: An OWI conviction can leave a lasting mark on personal and professional life, including employment challenges, increased insurance premiums, and a strain on relationships.
- Financial consequences: The economic burden of an OWI goes beyond court fines, with additional expenses such as legal and administrative fees and long-term insurance costs.
Can You Fight an OWI Charge?
Facing an OWI charge can feel overwhelming, but it’s important to remember that an arrest does not equal a conviction. Individuals charged with OWI are presumed innocent until proven guilty. The legal system allows those accused to challenge the evidence against them and present defenses in court. Taking action to fight the charge could result in reduced penalties, a more favorable plea agreement, or even a complete dismissal of the case.
Common Defenses Against an OWI Charge
Each OWI case is unique, and several strategies may apply to your defense. An experienced attorney can examine every aspect of your case to determine a practical approach for challenging the charges.
Common defenses used in OWI cases include:
- Improper stop
- Faulty field sobriety or breath tests
- Medical conditions or prescription drugs
- Violation of rights
Situations Where Challenging an OWI Charge Can Be Beneficial
Deciding whether to contest an OWI charge can be a pivotal choice that impacts your future. In some situations, pursuing a defense is worthwhile and essential.
Below are scenarios where fighting an OWI charge offers a chance to minimize legal, financial, and personal consequences.
Weak or Insufficient Evidence
The burden of proof in an OWI case rests with the prosecution, meaning they must establish guilt beyond a reasonable doubt. If the evidence is weak, inconsistent, or unreliable, challenging the charge could result in a reduction or dismissal of penalties. Issues like improperly conducted sobriety tests, faulty breathalyzer equipment, or lack of clear video evidence can weaken the prosecution’s case. Identifying these weaknesses can provide a strategic advantage for your defense.
First-Time Violation
First-time offenders often have more to gain from fighting an OWI charge. Courts may be more inclined to consider alternative penalties for individuals with no prior offenses. Maintaining a clean criminal record can protect future opportunities, such as employment or professional licenses. With no previous OWI history, contesting the charge may open the door to leniency or negotiated outcomes that minimize long-term consequences.
Retaining Driving Privileges
Losing driving privileges can disrupt your personal and professional life. A successful defense may prevent the suspension of your driving privileges. Keeping your driver’s license intact allows you to maintain work, family responsibilities, and other commitments without interruption.
Evaluating When Fighting an OWI May Not Be the Right Move
While challenging an OWI charge can sometimes lead to reduced penalties or dismissal, it may not be the most practical or beneficial approach in some circumstances. Accepting a plea bargain may offer the most efficient path forward in cases with overwhelming evidence or financial constraints.
Below are a couple of considerations for deciding when it may be more prudent to negotiate rather than fight.
Strong Evidence
If the prosecution’s evidence is solid and well-documented, it may leave little room to build an effective defense.
Clear evidence could include:
- Dashboard camera footage showing clear signs of intoxication
- Reliable results from properly administered breath or blood tests showing a BAC well over the legal limit
- Testimony from officers and witnesses that support the OWI charge
In these situations, fighting the charge could be time-consuming and unlikely to yield a favorable outcome. Instead, working with an attorney to negotiate a plea deal may help minimize penalties, avoid a trial, and potentially secure a more manageable resolution.
Cost of Legal Defense
Challenging an OWI charge can become expensive, especially if the case involves complex legal motions, expert witnesses, or multiple court appearances. For some, the financial burden of fighting the charge may outweigh the potential benefits. Pursuing a plea agreement that offers reduced penalties might make more sense, saving time and money.
Making an Informed Decision
Deciding whether to contest an OWI charge is a significant choice that requires careful consideration of your circumstances. In some cases, fighting the charge can lead to reduced penalties, dismissed charges, or preserved driving privileges—especially when the evidence is weak or it’s a first-time offense. However, in some situations, pursuing a plea agreement may be more practical, such as when the evidence is overwhelming or the cost of defense is prohibitive.
Speaking with an experienced OWI attorney is essential to fully understand the charges, explore potential defenses, and determine the most effective strategy. With professional legal support, you can make an informed decision and move forward more confidently.
At Keegan, Tindal & Jaeger, we offer skilled representation tailored to our clients’ situations. If you need legal assistance in Iowa City or Davenport, please call us at (319) 499-5524 or message us online.