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. Call: 515-664-1614
The Criminal Law Attorneys of McEnroe, Gotsdiner, Brewer, Steinbach & Rothman P.C. can be reached via Telephone at 515 267-9000. Fax at 515 267-8100. 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.
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.
9-26-13 - A Polk County Judge granted Bill Brewer and Daniel Rothman’s motion to throw out a breath test result based on a violation of the client’s 804.20 rights to contact and consult a lawyer. The Prosecutor admitted the violation was present and then the Judge suppressed the Breath test result banning its use at any further proceeding.
9-9-13 - A Polk County Judge granted Daniel Rothman’s motion to throw out a breath test that was above the DUI deferred judgment range of .150 based on a contradictory blood tests. The Judge adopted the blood test results and granted a deferral of judgment which allowed the client to expunge the whole matter from her record.
9-5-13 - A Story County prosecutor agreed with the motion to suppress filed by Daniel Rothman, that the police officer violated the procedures for permitting phone calls and other communications by arrested persons at the police department. The OWI breath test was suppressed, which allowed for the client to expunge the matter from her record.
5-30-13 - A Polk County Judge granted Daniel Rothman’s motion to suppress, as it was shown by Mr. Rothman that state could not prove that there was enough evidence for the officer to have stopped the client’s car. As a result the State dismissed the OWI 2nd charge and the DOT reinstated the client’s driving privileges.
4-15-13 - A Webster County prosecutor agreed with the motion to suppress filed by Daniel Rothman, that the police officer violated the procedures for collecting the breath sample in violation of Iowa Code Section 321J.15. The State later amended the criminal OWI charge to a traffic ticket.
1-16-13 - A Polk County Judge granted Daniel Rothman’s motion to suppress, agreeing with his arguments that the police officer gave misleading information to the client that resulted in a due process violation as well as a 321J.6 violation. As a result the DOT rescinded the license revocation and struck the OWI from his driving record. The State later amended the criminal OWI charge to a traffic citation.