Have Ames police arrested you for operating while intoxicated in Ames? An OWI charge represents a serious legal issue that you should not ignore. However, your arrest does not necessarily mean you will have to face the harshest consequences of an OWI offense. An experienced attorney can help you stand up for your interests in the criminal justice system so you can pursue a favorable resolution to your OWI charges.
Contact Vogel Law, PLLC, for an initial case review with an OWI/DUI/DWI defense lawyer to learn how our firm can help you seek an outcome to your prosecution that mitigates the adverse consequences of an arrest or conviction and gives you a second chance that allows you to move forward with your life.
Why Choose Us for Your Intoxicated Driving Case?
After an arrest for drunk or drugged driving in Ames, hiring the right defense attorney can help you pursue a favorable resolution to your OWI charges. In many cases, courts will offer favorable outcomes if you’re willing to seek treatment or take other affirmative steps to change your behavior. Turn to a defense attorney from Vogel Law, PLLC, to help you face prosecution for intoxicated driving because:
- Attorney Joseph P. Vogel spends time with every client to listen to their story and understand their concerns, needs, and goals. Our firm has undergone the same OWI training that the police receive, allowing us to provide effective legal representation to clients charged with driving under the influence of alcohol or drugs.
- We offer honest, straightforward legal representation. Our firm will ensure you understand your charges and the potential outcomes for your case. We will review the offered plea deal to determine whether it provides the best possible outcome. However, when prosecutors won’t agree to a favorable deal, we won’t hesitate to take your case to trial when needed to defend your rights and interests.
- We have in-depth familiarity with the alternatives and options available to defendants that can help you gain a second chance and avoid the worst consequences of an arrest or conviction for driving while intoxicated.
Understanding OWI Laws in Ames
In Ames, you may face arrest and prosecution for operating while intoxicated if you operate a motor vehicle:
- While under the influence of an alcoholic beverage or other drug or a combination of substances
- While having a blood or breath alcohol concentration of 0.08 percent or higher
- While having any measurable amount of a controlled substance in your blood or urine
A first OWI offense constitutes a serious misdemeanor, while a second OWI offense constitutes an aggravated misdemeanor, and a third or subsequent OWI offense becomes a class D felony.
Iowa law also has an implied consent statute that presumes every driver has given consent to breath, urine, or blood chemical testing for alcohol or drugs following a valid OWI arrest. If you refuse a police officer’s request for testing, you may face administrative sanctions, including suspension of your driving privileges.
Consequences of an OWI Conviction
Penalties imposed for an OWI conviction will vary depending on the grading of the charge. A first OWI conviction will result in a jail term of 48 hours to one year, with credit for any time spent in detention after an arrest or while in a court-ordered OWI program that provides law enforcement security. For a first offense, the court may defer judgment and place you on probation. However, the court may not defer judgment if you drove on a revoked license and any of the following circumstances apply:
- A chemical test established your blood alcohol concentration at more than 0.15 percent
- You previously received a deferred judgment for OWI
- You refused chemical testing in violation of the implied consent law
- You caused an accident that injured another person
- You attempted to elude police
A first OWI conviction also carries a fine of $1,250 and a driver’s license suspension of 180 days to one year. However, you may be able to obtain a temporary restricted license by installing an ignition interlock device. You must also undergo a substance use disorder evaluation and submit to recommended treatment.
A second OWI conviction will impose penalties that include:
- Seven days to two years of incarceration
- A fine of $1,875 to $6,250
- A driver’s license suspension of one to two years
A third or subsequent OWI conviction carries penalties such as:
- 30 days to five years in prison, or 30 days to one year in jail for a suspended sentence
- A fine of $3,125 to $9,375
- A six-year driver’s license suspension
If you’re convicted of a third or subsequent OWI offense, you may also face sentencing as a habitual offender. This can require you to serve a prison sentence of three to five years and pay a fine of $1,025 to $10,245.
Potential Defenses to an OWI Charge
If you’ve been charged with OWI in Ames, Vogel Law, PLLC, will pursue the most suitable defense strategy for your case. Some of the common defense strategies used in OWI cases include:
- No Proof of Driving – We may argue that the prosecution’s case fails to prove beyond a reasonable doubt that you operated a motor vehicle (for example, if you were arrested for OWI while sleeping off intoxication in your car).
- Challenging the Legality of a Traffic Stop – We may argue that police lacked reasonable suspicion or probable cause for a traffic stop or conducted a constitutionally invalid OWI checkpoint (i.e., not choosing vehicles in a neutral, objective manner).
- Challenging the Reliability of Field Sobriety or Chemical Testing – We may contest the reliability of field sobriety or chemical test results by highlighting issues that could have affected the results, such as adverse conditions at the traffic stop or medical conditions like arthritis. We may also argue that the police failed to follow testing protocols or used uncalibrated equipment when conducting chemical testing.
- Violations of Constitutional Rights – We may seek to exclude evidence or statements from the prosecution’s case by arguing that police obtained them by violating your rights, such as through an illegal search or an unlawful interrogation.
How Can an Attorney Help You Face Prosecution for OWI in Ames?
When you face prosecution for OWI, hiring legal representation can help you protect your rights and interests in the criminal justice system. A criminal defense lawyer can help you face an OWI charge in Ames by:
- Independently investigating your charges to recover evidence needed to build a compelling defense or prove your innocence
- Evaluating potential defense strategies we can use to pursue a favorable outcome for your case
- Helping you understand your charges and the potential resolutions to ensure you can make informed decisions about how to handle your case
- Contesting the prosecution’s charges at every opportunity to fight for a better plea deal or dismissal of your charges
- Vigorously pursuing the best possible outcome, even when that means going to trial when you choose to contest your charges or assert your innocence
Contact Our Firm Today for Legal Guidance and Advocacy
If the police have arrested you for intoxicated driving in Ames, you need seasoned legal counsel to protect your rights, reputation, and future. Contact Vogel Law, PLLC, today for a confidential consultation with an OWI defense attorney to discuss your legal options for pursuing a favorable resolution to your charges.
