Des Moines OWI Lawyer

OWI Attorney In Des Moines, IA

Being charged with an OWI can be intimidating. The consequences of a conviction can bring jail time, heavy fines, and affect a person’s future by stigmatizing their record. It is critical to have a lawyer by your side advocating on your behalf. At the Law Offices of Amanda T. Adams, you will find an experienced Des Moines OWI lawyer who is ready to defend your rights.

The Law Offices of Amanda T. Adams has been working with the people of Iowa for years to represent their interests and advocate on their behalf. With years of litigation experience across a wide field of legal matters, she has garnered a track record as a Des Moines criminal defense lawyer that clients trust.

OWI Charges

In the state of Iowa, Operating While Intoxicated (OWI) laws serve the same purpose that DUI regulations serve in other states. Under Iowa Code 321J.2, for a person to be committing an OWI, they must be operating a vehicle while, at the same time, under the influence of drugs/alcohol, with a blood alcohol content (BAC) of .08 or higher, or while having any amount of controlled substances in their system at the time of the incident.

The state recognizes a 12-year lookback, where prior convictions compound if multiple incidents have occurred within that period. These consequences include:

• First-time OWI conviction: This is considered a serious misdemeanor in Des Moines and comes with a minimum jail sentence of 2 days or more, along with a fine of $1,250. A 180-day revocation is placed on a driver’s license, as well as a probation period of up to one year.
• Second OWI conviction: This is charged as an aggravated misdemeanor and includes a minimum of 7 days in jail. Fines increase to $1,875. A one-year license suspension is put in place for Class C drivers. In addition to these penalties, a person may be required to attend substance abuse evaluations and counseling.
• Third OWI conviction: These charges are considered a Class D felony and include a minimum of 30 days in jail, which may increase to 5 years, depending on the circumstances. Minimum fines likewise increase to $3,125, in addition to court surcharges. Licenses have a 6-year revocation period put in place.

Defenses Against an OWI

The burden of proof in OWI cases rests with the prosecution. It is their duty to prove beyond a reasonable doubt the charges. An experienced attorney understands this and will consider several courses of action when building a defense for their client. These often include:

• Physiological factors: A person’s reaction to medication, nervousness, or even the weather, can affect a person’s demeanor and affect their driving patterns, creating a mistake of fact in the judgment of arresting officers.
• BAC test failure: Field tests for intoxication, such as blood alcohol tests, are often considered solid evidence; however, there are several problems that come with them. Calibration issues, operator error, and the time when a test was administered can all affect its results. An experienced attorney will understand what to look for in these results, and discrepancies can greatly undermine allegations.
• Procedural failure: In the course of duty, police officers must follow strict procedures when evaluating and arresting an individual. If there has been any failure on their part, from a lack of probable cause to failing to read Miranda rights, it can greatly impact a prosecution’s integrity and work to the benefit of the defendant.

Hire an OWI Lawyer

Amanda T. Adams understands the gravity that OWI charges carry, and knows what evidence to consider, what procedures must be followed, and how to build a strong defense. With unwavering advocacy, she will defend the rights of her clients and provide actionable counsel. A premier Des Moines, Iowa attorney, she is prepared to offer her extensive experience on your behalf to ensure your interests are represented.

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Des Moines OWI Lawyer

In December of 2024, over 990 people were charged with OWIs in Iowa. Police and prosecutors are aggressive in their pursuit of OWI charges, and it is equally important to have a stalwart defense. Amanda T. Adams is ready to leverage her extensive experience on your behalf and provide you with the advocacy you deserve. Contact us today to learn more.