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

5/19/2009
Todd Miler
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OWI: 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 offense.  It is also going to potentially depend upon whether the person files an appeal within the statutory deadline with the DOT and whether they succeed on that appeal.  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 reason 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.




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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