St. Patrick’s Day is just around the corner, and that generally means people are getting together and celebrating over a few drinks. Downtown Des Moines is a great gathering place to drink and take part in the St. Patrick’s Day Parade and activities. With that said, it is important to know your limits when it comes to alcohol.
Generally, three or more beers (assuming Bud Light) can put you over the legal BAC limit of 0.08. Of course, this depends on several factors, including how quickly you drink, whether you have recently eaten, and your body size.
Law enforcement will be out in force and on the lookout for potential drunk drivers. With that said, we do not want you to find yourself in the police crosshairs and charged with an OWI when you are not under the influence of alcohol. Officers may assume you are intoxicated if they observe driving behavior such as swerving or running a red light. Unfortunately, you could be accused of OWI even if you were not intoxicated at the time.
If you are accused of OWI by an officer after being pulled over, it is important to remain polite. Remember that you are continuously being recorded on the officer’s body camera. That footage may later be shown to a jury, and you want the jury to see you as respectful and cooperative.
After checking your insurance and driver’s license, the officer will likely ask whether you have had anything to drink that day. If you say that you have, they will almost certainly ask you to step out of the vehicle and perform Field Sobriety Tests (FSTs). You should always respectfully decline these tests. After you refuse, the officer will most likely take you to the police station to complete a Datamaster breath test (breathalyzer).
At the station, you will be given the opportunity to contact friends, family, or an attorney using your phone. You should take advantage of this opportunity. As you contact these individuals, your BAC will (or should) continue to decline.
After speaking with them, it will be up to you whether to submit to the Datamaster test. If you consent and take the test, your license will be revoked for 180 days if this is your first OWI offense and you blow over the legal limit. If you refuse the test, the revocation period will typically double, but the state will not have a specific BAC result to use against you (only the fact that you refused the test).
If you consent to the test and your BAC is 0.150 or lower, you may be eligible for a deferred judgment if this is truly your first OWI offense. A deferred judgment means you may later say you were never convicted of the crime. However, you are not eligible for a deferred judgment if this is not your first OWI.
If you have been accused of OWI in Iowa, do not hesitate to contact Feld Law Firm. We would be happy to discuss your situation and help point you in the right direction.