Cedar Rapids OWI Lawyer: What is under the influence?

Some prosecutors and defense attorneys reduce to shorthand the phrase, Operating While Under the Influence, to OWI, which in turn is sometimes translated to Operating While Intoxicated. The origin of the confusion is simple. The Iowa drunk driving statute is named "operating while under the influence" and defines how one might commit the offense of "operating while intoxicated" (OWI) with the following conditions:


"a. While under the influence of an alcoholic beverage or other drug or combination of such substances. 


b. While having an alcohol concentration of .08 or more. 


c. While any amount of a controlled substance is present in the person, as measured in the person's blood or urine. 


Model jury instructions are instructive in that under the influence is further defined as:



1. [His] [Her] reason or mental ability has been affected.

2. [His] [Her] judgment is impaired.

3. [His] [Her] emotions are visibly excited.

4. [He] [She] has, to any extent, lost control of bodily actions or motions."


Model Iowa Criminal Jury Instruction 2500.5


These are admittedly subjective. In the opinion of Cmelik OWI and Criminal Law PLC, a thorough review of the video recorded evidence by a Iowa-licensed attorney practicing exclusively in the area of criminal law, with experience in OWI cases, will be important to assess the strength of an OWI criminal case and any defects in the prosecution. 

This is a time of legal crisis. Let us help you navigate your way back to life before OWI (DUI) criminal prosecution in Iowa. If you or a loved one has been arrested for OWI in Cedar Rapids, Iowa City, Waterloo, or other Iowa community, contact David A. Cmelik Law PLC at 319-389-1889 for an initial consultation. 

© 2020 by David A. Cmelik Law PLC