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.

Blog Category:

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

5/21/2009
Todd Miler
Comments (0)

OWI: Why does the officer ask if I've been drinking?

Under Iowa’s OWI law, there are strict requirements that must be met for an officer to eventually charge someone with OWI. There are essentially three stages and before an officer moves from one stage to the next, he must satisfy certain requirements within each stage. To move from one stage to the next, an officer has to have evidence that he is trying to obtain which allows him to proceed on. Most of the evidence is founded upon a determination of reasonable grounds to believe someone is drinking and driving. Keep in mind that it is not illegal to drink and drive. It is illegal to drink and drive drunk. But the law says that any admission that you have been drinking allows the officer to move on to the next stage, in other words he can advance towards an arrest. Some officers, and some people in general, believe that any alcohol consumption should result in an OWI. An officer can ask if you’ve been drinking as soon as he pulls you over, even if he doesn’t smell alcohol or have any other basis for suspecting a drunk driver. When a person admits they have had a drink, they are then going to be subjected to field sobriety testing, and those "tests" are designed for you to fail.

So what is the lesson to be learned and why should you listen to this advice?

The lesson is that there are no casual conversations with a police officer. It's like you hear on television, everything you say can and will be used against you.





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




There are no comments.

Post a comment

Post a Comment to "OWI: Why does the officer ask if I've been drinking?"

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."

Name:*

Email:* (will not be published)

Website:

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]

Road ConditionsCheap Gas

Quick Contact

Name *

Phone *

Email *

Tell us more *


Lombardi Law Firm
1300 37th Street, Suite 6
West Des Moines, IA 50266
Phone: 515-222-1110
Toll Free: 800-383-0331
Get Directions

Search

News

view all

Resources

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

view all

FAQs

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?

more