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Civil damage lawsuits and criminal law deaths, OWI and drunk driving
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Civil damage lawsuits and criminal law deaths, OWI and drunk driving
OWI: Who decides if charges will be filed?
Who decides whether someone should be charged with OWI? Normally an officer on the scene of the traffic stop will make that determination. That officer is the person who observes the driving and the behavior at the scene and ultimately requests a sample for blood alcohol analysis. The arresting officer is often times the only witness the State uses in an OWI prosecution. Before they finish their training to become a police officer, all officers are taught the necessary testimony to obtain an OWI conviction. In some cases, an officer does not make the final charging decision and will request that a prosecutor review the evidence. Even if the officer told the driver that they were not going to be charged with OWI, the prosecutor can file the charge. In every case, the prosecutor has the ultimate decision on whether to proceed with a charge and pursue it in court.
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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