How do you defend against an OWI charge in Iowa?
Generally, it gets increasingly difficult, but not impossible, to defend against an OWI after each time, if any, you have previously sustained convictions for charges related to driving under the influence of drugs or alcohol. Even so, in the United States, it is the prosecution that must overcome the burden of proof each and every time. Furthermore, even those convicted of crimes have certain inalienable rights. A skilled Des Moines criminal defense lawyer will use both of these to lobby a defense. A qualified legal professional has many potential strategies at his or her disposal.
What are the strategies for fighting an OWI charge in Iowa?
When taken out of its proper context, any action may seem suspicious. A seasoned legal representative helps provide the appropriate entities with context so that they can come to a just conclusion. Your lawyer will likely employ one of the following arguments and strategies:
- Illegal stop: Police officers must adhere to certain rules and laws when pulling you over. If they fail to do that, then they may have to void your charges.
- Medical or health issues: Certain medical problems can cause you to fail a sobriety test, even if you are not intoxicated. Additionally, medicine can make it difficult to ascertain your Blood Alcohol Content.
- Unreliable testing: Standardized field sobriety tests are not always accurate or reliable. Your lawyer will evaluate the accuracy of said tests.
- Request evidence: Some police departments require officers to video traffic stops. If your lawyer can obtain this evidence, he or she can determine how bad the sobriety test was and whether the case really hinges on the police officer’s word against the defendant.
What strategy should you employ?
Ultimately, that decision lies with you. You may have personal reasons for choosing or declining any of the above-listed strategies. For instance, you may not want to make your medical history public knowledge. However, you should keep in mind, that in the Hawkeye State, prosecutors have a limited scope with which to reduce charges. That means that in most cases, the original charges will stand and you will have to face them. In this case, the best defense is a good offense. Our firm will be proactive in defending you and your future. Give yourself a fighting chance and give us a call today.
Contact Our Firm
Herting Law, PLLC, is an Iowa-based law firm that has experience in all criminal matters, including OWIs, drug charges, gun crimes, theft, assault, and more. If you need an estate planning lawyer, our firm can guide you. Whatever the situation, Herting Law, PLLC has you covered.