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Civil damage lawsuits and criminal law deaths, OWI and drunk driving

6/22/2009
Steve Lombardi
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How do the police measure the level of alcohol in your body? ?

What are the different ways that blood alcohol concentration can be measured?  Most of the time the officer is going to request that you provide a breath sample, but they may also request blood or urine.  There are two different times that an officer may request a breath sample.  First, the officer has a hand-held device that can take a breath sample and provide an analysis of blood alcohol content.  The problem is that by law this device is not reliable so they will always request that you provide another breath sample at the police station on another machine which is considered to be more reliable than the hand-held device.  Don’t be fooled- this device also has problems.  Even if a person where to provide a sample each of their breath, blood and urine, all three would have a different alcohol level.  There are many factors to determining the level of blood alcohol concentration and the time of vehicle operation.  Some states do not allow alcohol measurement through urine because it is so unreliable.  In order to obtain more convictions regardless of the reliability of this test, Iowa still allows urine testing.  You always have the right to make a reasonable number of phone calls prior to making a decision on whether to provide a sample for testing.





OWI law is the most complicated and therefore misunderstood area of criminal law by both the public and practicing attorneys, which means that justice is often not served due to wrongful convictions and punishment greater than that required by law.  Attorney Todd Miler has represented persons accused of Operating While Intoxicated in Iowa since 1997.  Miler Law Firm has been located in West Des Moines since 1999.  Through the dissemination of information, Todd Miler is attempting to help the public better understand their legal rights.  You may call Todd Miler directly (515-457-9843) if you have questions about Iowa‘s criminal law. 

Email: milerlaw@msn.com




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Civil damage lawsuits and criminal law deaths, OWI and drunk driving

What can I do if I am caught driving without a license again?  I was in an accident; I do not have a license. Took a chance to get back and work. I have been caught before and this will make it my third felony driving while suspended. The ticket written was only for not providing a license, what can I do?

Can I sue the drunk driver that caused me neck and back pain? I was rear ended by a drunk driver in November 2010. His insurance company outsourced the claim to a company that specializes in these sort of cases. I got a little money from his insurance, but not enough to cover all of my loss and expenses. Is it too late to sue? Would it even be worth it? I took the ambulance ride to the hospital to get checked out. They didn't find anything wrong. A couple of days later I had significant neck and back pain, saw a chiropractor. I still have neck and back pain that I did not have before the accident. I was a delivery driver on a delivery. I was unable to deliver after the accident.

Can a child of the drunk driver who is killed collect insurance?

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