Driving while intoxicated carries a number of stiff penalties in all 50 states, though such punishments vary slightly depending on location. In the state of Iowa, operating a vehicle while intoxicated can result in license suspension or jail time. The specific penalty is based on the number of prior offenses.
Iowa law defines drunk driving in three ways, the first of which is common law drunk driving. This includes operating a vehicle while under varying degrees of alcohol influence. In order to be convicted of this crime, the person being charged must be proven to have been driving while impaired by alcohol consumption.
The second branch of drunk driving is known as the statutory crime of drunk driving. This is considered more serious than the common law version of the crime. Under this definition, the person being charged must have held a blood alcohol level of .08 or greater. The court must prove the results of any blood or breath tests performed at the time in question are completely reliable and that alcohol reduced the accused person’s ability to drive.
The third definition is the crime of drugged driving. This category revolves around driving while under the influence of drugs or both drugs and alcohol. Contrary to popular belief, this does not only include illegal drugs and prescription medications. Some have been convicted of drugged driving due to the use of Benadryl, Nyquil and other over the counter medications known to cause drowsiness.
Following an arrest for DUI and being taken to jail, the accused must appear at an arraignment to determine bond and any conditions that may apply. Both bond and the conditions involved vary on a case by case basis.
The next step in the process is discovery. During this step, a DWI Lawyer in Davenport, IA will examine his client’s case to discover any relevant information. He will acquire the arresting officer’s report and any test results taken on the night of the arrest, and he will determine if any video evidence is in existence.
