At Lombardi Law we make it a point to blog about the issues that affect those who are effected by accidents. Call us for a FREE evaluation of your case 1-800-383-0331.

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5/4/2009
Todd Miler
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OWI: When should you refuse the breath test?

When should you refuse the breath test?  This is a very difficult decision.  There is no universal answer applicable to all persons.  When a person provides a breath test and is over the legal limit, they are going to have their driver’s license suspended.  The length of the suspension depends upon whether this is a first, second or multiple offenses.  A person may be eligible to obtain a work permit prior to the end of the suspension.  If a person refuses to provide a breath sample, however, the length of the suspension is going to be much longer.  Any person who is employed or needs to travel by vehicle for any reasons is going to have to make the difficult decision.  You do have the right to consult with an attorney prior to making this decision at the police station.  If you request to talk to an attorney prior to providing a breath sample, the officer has to honor your request, otherwise your license cannot be suspended and they cannot use the breath test, or lack thereof, against you in court.



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



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

Do I have to be present during settlement? Do I have to be with my lawyer when a settlement is made for my personal injury claim? I really do not want to face my neighbors right now. My son was bitten by their dog and they claim that it was my son's fault. I want my solicitor to stick to the amount that I want them to pay me. Can my solicitor make the settlement in my behalf?

Can we sue someone who hit us after a DUI? My pregnant wife was driving the car and a drunk driver hit us and ruined the car. Cops came and gave the guy a DUI. No injuries but I am wondering, am I obligated to a claim because now she is scared to drive or be inside a car.

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?

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