Iowa State Fair time is upon us again and that means there are going to be a lot of great concerts and shows to attend to keep us entertained this fair season. During these events, it is usually a nice time to have a beer or mixed drink. Law enforcement is going to be heavy down around the fairgrounds, which means there are going to be more than "the usual" amount of stops.
It should be mentioned that it is not illegal to have a drink of alcohol and drive your vehicle. But it should be noted that if you are stopped by law enforcement and they smell alcohol, you are likely going to be requested to perform field sobriety tests and take some breath tests. To get this out there right away, I would advise you NOT to take the field sobriety tests. There are many ways one can "fail" the test, not just from being intoxicated. Unlike other states, you are not penalized in Iowa for refusing the field sobriety tests. If you do refuse the field sobriety tests, you will likely be taken to the police station for further investigation, but note law enforcement has gained no evidence from you performing "poorly" on the field sobriety tests because you refused the tests.
While at the station, make sure you contact as many lawyers and family members as possible to gain advice. As you are contacting an attorney or family member, your BAC will likely be declining. Iowa "magic" numbers for OWI's are .150 and .08. If you blow, on the datamaster, below .08 it will be difficult for the prosecution to find you guilty of OWI unless you have some other prescription drug in your system. If you blow below .150, you are eligible for a deferred judgment on your first OWI. If you do receive a deferred judgment, the charge will be expunged or dismissed from your public record upon successful completion of probation and you can legally say you were never convicted of the crime. You should know that you certainly are not guaranteed to receive a deferred judgment. It is up to the judge to make the final determination on whether you receive one.
OWI's are expensive, and can be even more expensive if you do not know what you are doing during the criminal process.
In addition to OWI's, we see a large amount of public intoxication charges during the fair. If you are charged with a public intoxication, give us a call. There are some programs we may be able to get you into where we can have the charge dismissed.
If you find yourself in some legal trouble at the fair, do not hesitate to reach out to our OWI and public intoxication defense attorneys and we would be happy to point you in the right direction.