Learn about Iowa OWI Laws
Being arrested for Operating a Motorized Vehicle While Impaired (OWI, DUI, DWI or Drunk Driving) can affect a person in numerous and significant ways. As a result, having an experienced attorney assist you can make all the difference. Moreover, knowing your rights will enable you to make the right decision in the event you are stopped by the police.
The three criminal defense attorneys of the McEnroe Law Firm have a combined 55 years of experience in practicing criminal law. Their experience comes from years of work as defense attorneys and as former prosecuting attorneys. Our attorneys know that criminal charges can have life changing affects on people and our attorneys recognize that these cases must be handled with absolute dedication to ensure that our client’s rights are not impeded and that they receive a just resolution to their case.
If you are in custody, contact our office before answering any questions.
The Criminal Law Attorneys of McEnroe, Gotsdiner, Brewer, Steinbach & Rothman P.C. can be reached via Telephone at (515) 664-1614. Or at their offices at the Westown Business Center I, 1701 48th Street Suite 100 West Des Moines Iowa 50266.
Representative OWI Cases
State of Iowa vs Walker 804 N.W.2d 284 (Iowa 2011) The Iowa Supreme Court grants a unanimous decision for our client in State v. Walker, regarding a case of 1st impression in Iowa for interpretation of the usage of Iowa Code 804.20 and the right to counsel. The Court held that a person’s right to an confer with an attorney under Iowa Code Section 804.20 is violated if they are not alone and in private, away from electronic monitoring. The Court further held that place the attorney on the other side of a glass partition was not permissible as no separation should be allowed unless the state can prove a security risk. The oral arguments before the Supreme Court, by our attorney Daniel Rothman, were videotaped and can be viewed at the Supreme Court web site. The full ruling can be read at this link.
1-15-16- Daniel Rothman’s client was charged with OWI and Eluding. All criminal charges were dismissed after it was shown that the officer violated Iowa Rule of Criminal Procedure 2.33. It was also shown that the urine sample taken from the Client was not properly collected, so the DOT cannot revoke the Client’s driving privileges. Due to the officer’s error the client can also have the entry of his arrest expunged from all public records.
10-20-15- Daniel Rothman and Frank Steinbach filed a motion to suppress evidence on a client’s OWI 2nd charge, arguing that the stop of the client’s car was illegal. The prosecutor reviewed the motion and agreed that the stop was not legal. The criminal charges were dismissed in the interest of justice by the prosecutor with cost to the state and the client will have his driving privileges completely restored as if the OWI never occurred.
9-25-15- Daniel Rothman’s client was charged with Child Endangerment and OWI after he allegedly had an accident with his child in the car, and tested at a BAC of .250. After pointing out a flaw in the case the State agreed to dismiss the OWI charge and let the Endangerment charge be expunged from the client’s record. The client did not serve any time in jail and was not convicted of any crime.
1-20-15- Daniel Rothman and Frank Steinbach successfully argued that a client's rights were violated by the officer at the client's DOT hearing. The judge ruled that due to the violations, that related to the client's commercial driver's license rights notification, the client should not lose his commercial driver's license or his regular driving privileges.
1-13-15- Daniel Rothman obtained a ruling from a Polk county judge after he successfully argued that the police officer did not achieve the reasonable grounds standard regarding operation. This win will mean that the client will not be convicted of any criminal charge and the Iowa DOT must also yield to this ruling.
9-17-14 – The court grants Daniel Rothman’s motion to suppress based on the officer not meeting the reasonable grounds standard as required by Iowa OWI law before field sobriety tests can be preformed. The Judge suppressed all evidence of field testing, all admissions made by the client and the positive cocaine test that was later administered. This suppression also requires that the DOT restore the Defendant’s driving privileges.
9-12-14 – Daniel Rothman’s client avoids an Aggravated misdemeanor conviction and deportation after it was shown to the court that the arresting officer used a Spanish translation of the Implied Consent Advisory that was defective. Such an error is a violation of the Due Process clause of the US and Iowa constitution.
8-28-14 – A local Judge grants Daniel Rothman motion to suppress after it was shown that the Client’s alleged refusal was not a refusal at all, as the client had medical issues that prohibited him from giving a sufficient breath sample.
5-9-14 – A Polk County Judge grants Daniel Rothman motion to suppress based on an illegal stop leaving the state with no evidence for trial. The client’s driver’s license will be reinstated with the OWI sanction stricken from his DOT history.
5-5-14 – A Polk county prosecutor amends Daniel Rothman’s client’s charge from OWI 2nd offense to reckless driving and public intoxication even though a breath test above .08 was collected and the client had a car accident. The client will not serve any jail or be on probation.
1-3-14 – A Story County Judge grants Daniel Rothman and Frank Steinbach’s motion to suppress. The client’s driver’s license was reinstated with the OWI sanction stricken from his DOT history. He is also able to get the criminal charges completely removed from his record.
11-7-13 – Our client, a passenger in a car stopped for an OWI investigation, was charged with Possession of Marijuana after Marijuana and Paraphernalia were allegedly found to be hidden in her underwear. Attorney Daniel Rothman was able to secure a dismissal of all charges.