Learn about Iowa OWI Laws
Being arrested for Operating a Motorized Vehicle While Impaired (OWI, DUI, DWI or Drunk Driving) can affect a person in numerous and significant ways. As a result, having an experienced attorney assist you can make all the difference. Moreover, knowing your rights will enable you to make the right decision in the event you are stopped by the police.
The three criminal defense attorneys of the McEnroe Law Firm have a combined 55 years of experience in practicing criminal law. Their experience comes from years of work as defense attorneys and as former prosecuting attorneys. Our attorneys know that criminal charges can have life changing affects on people and our attorneys recognize that these cases must be handled with absolute dedication to ensure that our client’s rights are not impeded and that they receive a just resolution to their case.
If you are in custody, contact our office before answering any questions. Call: 515-664-1614
The Criminal Law Attorneys of McEnroe, Gotsdiner, Brewer & Steinbach PC can be reached via Telephone at 515 267-9000. Fax at 515 267-8100. Or at their offices at the Westown Business Center I, 1701 48th Street Suite 100 West Des Moines Iowa 50266.
Representative OWI Cases
State of Iowa vs Walker 804 N.W.2d 284 (Iowa 2011) The Iowa Supreme Court grants a unanimous decision for our client in State v. Walker, regarding a case of 1st impression in Iowa for interpretation of the usage of Iowa Code 804.20 and the right to counsel. The Court held that a person’s right to an confer with an attorney under Iowa Code Section 804.20 is violated if they are not alone and in private, away from electronic monitoring. The Court further held that place the attorney on the other side of a glass partition was not permissible as no separation should be allowed unless the state can prove a security risk. The oral arguments before the Supreme Court, by our attorney Daniel Rothman, were videotaped and can be viewed at the Supreme Court web site. The full ruling can be read at this link.
4-15-13 - A Webster County prosecutor agreed with the motion to suppress filed by Daniel Rothman, that the police officer violated the procedures for collecting the breath sample in violation of Iowa Code Section 321J.15. The State later amended the criminal OWI charge to a traffic ticket.
1-16-13 - A Polk County Judge granted Daniel Rothman’s motion to suppress, agreeing with his arguments that the police officer gave misleading information to the client that resulted in a due process violation as well as a 321J.6 violation. As a result the DOT rescinded the license revocation and struck the OWI from his driving record. The State later amended the criminal OWI charge to a traffic citation.
11-30-12 - A Ringgold County Judge grants a motion to suppress regarding an illegal stop and a violation of the Client’s rights to make phone calls as codified in Iowa Code Section 804.20. This lead to the State dismissing the OWI charge with costs assessed to the state and the DOT reinstating the client’s driving privileges.
7-20-12 - A Dubuque County Judge grants our motion to dismiss an OWI charge against our client, due to a “Speedy Trial Right” violation, assessing court costs to the State. As we had already won the DOT hearing the client will not lose his CDL or regular license in addition to not having a conviction for OWI.
7-10-12 - A Polk County Judge grants a motion to suppress regarding an illegal stop, which lead to the State dismissing the OWI charge and the DOT reinstating the client’s driving privileges.
5-11-12 - A Polk County Judge grants a motion to suppress as it was shown by attorneys Daniel Rothman and Frank Steinbach, ruling that the police officers did not comply with language translation obligations. As a result the OWI charge was reduced to a traffic citation and the client’s driving privileges were restored.
4-6-12 - A Cerro Gordo County Judge grants a motion for spoliation of evidence after it was shown by attorney Daniel Rothman that the police officer illegally concealed/destroyed evidence. The State later dismissed the DUI charge.