What is Phase Two of OWI (DUI) Detection in Iowa? 

by DAC-LAW PLC


​In phase two, the goal is to personally observe the driver. The idea is for Officer Friendly to get close enough to conduct the three "S" inquiry-- sight, smell, and sound. Do the driver's eyes look blood shot and watery? Does Officer Friendly smell the odor of an alcoholic beverage? Do they see an open container? 

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What is an OWI (DUI) in Iowa? 

by DAC-LAW PLC


People are often surprised to know what an OWI (DUI) in Iowa is-- and what it isn't.  


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Best OWI Options Series: What about my substance abuse evaluation?

by DAC-LAW PLC


This is the second in a best options series about the choices available to someone charged with an Iowa OWI (DUI). In this article, DAC-LAW PLC discusses substance abuse evaluations.


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What is the Walk and Turn SFST?

by DAC-LAW PLC


The Walk and Turn is one of a battery of standardized field sobriety tests (SFSTs) that law enforcement officers use to establish reasonable grounds to invoke implied consent, and, further, to build probable cause to make an arrest in the field. 


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Best OWI Options Series: what to consider when considering a plea agreement in a first time OWI case 


​by DAC-LAW PLC


This is the seventh in a series entitled "best options" for Iowa OWI (DUI) defendants. Defendants are sometimes faced with a number of options when considering plea agreements in the first time drunk driving context.  


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Revocation without Conviction: Can Iowa DOT take my license without proof of guilt on an OWI?

by DAC-LAW PLC


An Iowa OWI (DUI) investigation almost always results in a request for a bodily sample, usually breath, in the form of a Datamaster DMT test. A Datamaster DMT test failure or refusal results in an administrative driver's license revocation even before the prosecution begins. Can the Iowa DOT take away a test subject's license before they are found guilty in a criminal prosecution? 


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Best OWI Options Series: Should I appeal my driver's license revocation in an Iowa OWI?

by DAC-LAW PLC


This is the fourth in a series entitled "best options" for Iowa OWI (DUI) defendants. The driver's license revocation is sometimes the single largest consequence to an OWI investigation. Separated from the criminal prosecution and imposed before a jury trial on the merits, should OWI defendants apply resources to the DOT administrative process? 


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DAC-LAW PLC - Cedar Rapids OWI-DUI and Criminal Defense Lawyer

305 2nd Avenue Suite 200

Cedar Rapids, Iowa 52401

319-389-4276


What's the difference between BAC and BrAC?  

by DAC-LAW PLC


Law enforcement are allowed to request a breath, blood, or urine sample if they have reasonable grounds to believe that an SFST test subject is intoxicated. But what's the difference among them? 


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Best OWI Options Series: Do I have to get a substance abuse evaluation?

by DAC-LAW PLC


This is the sixth in a series entitled "best options" for Cedar Rapids OWI (DUI) defendants. DAC-LAW PLC explains the substance abuse evaluation requirement.


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Best OWI Options Series: What is my "best" option in a Cedar Rapids, Iowa OWI (DUI) prosecution?

by DAC-LAW PLC


This is the first in a series entitled "best options" for Iowa OWI (DUI) defendants. Choices are personal. Options in an Iowa drunk driving prosecution are professional, based on equal parts evidence, expertise, diligence, and communication. 


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Should I have consented to SFSTs?

by DAC-LAW PLC


Iowa OWI (DUI) defendants sometimes believe standardized field sobriety tests are mandatory. They're voluntary. 


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Was the police officer trying to trip me up during my OWI stop? 

by DAC-LAW PLC


Iowa OWI defendants are sometimes surprised to learn that the police officer isn't an objective eyewitness in a drunk driving prosecution. Are they trained to trick OWI suspects into demonstrating confusion and then to highlight it at trial?


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What are collateral consequences of a criminal conviction?

by DAC-LAW PLC


Prosecution of a Cedar Rapids, Iowa OWI (DUI) is like a bomb going off in the Defendant's life. The damage directly in the blast radius, intended by those prosecuting the target, are called direct consequences. Indirect consequences that are not intended by the prosecution and are not necessarily directly, causally related, or considered collateral consequences, much like the euphemism 'collateral damage' describes unintended and peripheral consequences of an errant bomb.


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Best OWI Options Series: I did a preliminary breath test. Do I have to provide another breath sample? 

by DAC-LAW PLC


This is the fifth in a series entitled "best options" for Iowa OWI (DUI) defendants. DAC-LAW PLC explains the difference between the PBT and the Datamaster DMT breath tests.  


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What is the Datamaster DMT non-memory test in cases other than OWI? 

by DAC-LAW PLC


Non-certified law enforcement operators use the Datamaster DMT machine to conduct so-called non-memory tests for purposes other than to collect evidence in an OWI case. 


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Do trainers coach law enforcement to rehearse their testimony with prosecutors before court?

by DAC-LAW PLC


The federal transportation agency has chosen a side in an Iowa OWI (DUI) prosecution and it is not the defense. 


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Best OWI Options Series: What is my "best" option in a Cedar Rapids, Iowa OWI (DUI) prosecution?

by DAC-LAW PLC


This is the second in a series entitled "best options" for Iowa OWI (DUI) defendants. Choices are personal. Options in an Iowa drunk driving prosecution are professional, based on equal parts evidence, expertise, diligence, and communication. 


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Can Officer Friendly Ask Me Out of Car because of the Odor of Alcohol?

by DAC-LAW PLC


A law enforcement officer ask  to a motorist to step out of his or her car if they detect the odor of alcohol and otherwise believe a motorist may be intoxicated.


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Best Options: Do I have to come to court? Answer: Yes. 

by DAC-LAW PLC


This is the seventh in a series entitled "best options" for Cedar Rapids OWI (DUI) defendants. DAC-LAW PLC explains the court apperances in a typical OWI prosecution. By the way, the answer is, more often than not, "yes." 


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What is the HGN SFST? 

by DAC-LAW PLC


The HGN, or, Horizontal Gaze Nystagmus test is a standardized field sobriety test, or, SFST. Law enforcement officers are instructed to conduct it in a standardized way and look for standardized clues. 


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What is Phase Three of OWI (DUI) Detection in Iowa? 

by DAC-LAW PLC


​In phase three, the goal is to have the motorist exit the vehicle and consent to standardized field sobriety tests. The test administrator is tasked with performing the SFSTs in a standardized manner, observing the test subject's performance, and accurately documenting the results. 


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What is Phase One of OWI (DUI) Detection in Iowa? 

by DAC-LAW PLC


Police in Iowa stop motorists for a variety of reasons including “pretext.” A pretext is a simple, but fictitious, reason which an officer might otherwise overlook if he or she did not otherwise suspect a driver was impaired. 


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What is the Datamaster DMT margin of error?

by DAC-LAW PLC


The Datamaster DMT is a machine designed and built by human beings. It's not perfect. As such, it is subject to its own imperfections as well as outside influences. Therefore, its manufacturer has published, and the Iowa Department of Public Safety, have acknowledged it has a margin of error. 


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Can a Police Officer Just Follow Me Around Fishing for a Reason to Stop Me? 

by DAC-LAW PLC


Police follow motorists, run plate numbers through in-car computers and dispatch at will, and look for minor traffic violations to pull over motorists that they otherwise suspect of wrongdoing without more evidence. Can they do that? 


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What is the Preliminary Breath Test?

by DAC-LAW PLC


The Preliminary Breath Test, or, PBT, is a breath test administered on the SFST test subject in the field after the officer has conducted all other field sobriety testing and believes he or she has reasonable grounds to invoke implied consent.


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Does a pedestrian have to comply with a PBT request? 

by DAC-LAW PLC


In pedestrian public intox investigations, law enforcement officers sometimes rely on preliminary breath test (PBT), or, portable screen devices certified by the Department of Public Safety for drunk driving cases. But do suspects have to comply with the requested PBT? 

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Law Articles 

What if a test subject refuses the Datamaster DMT?

by DAC-LAW PLC


The State can prove an OWI in the State of Iowa in a variety of ways. One is the presumptive level of intoxication in Iowa, which the Datamaster DMT may provide to the prosecution. 


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What is the Datamaster DMT 15-minute deprivation time?

by DAC-LAW PLC


Tobacco and food saturated with alcohol in the test subject's mouth, or, mouth alcohol, can provide a Datamaster DMT false positive or otherwise exaggerate the BrAC test result. 


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What is the One Leg Stand?

by DAC-LAW PLC


The One Leg Stand is typically the last standardized field sobriety test(SFST) that law enforcement officers use before asking for a preliminary breath test. But what does it measure? 


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Best OWI Options Series: How do I "win" a DOT revocation appeal hearing?

by DAC-LAW PLC


This is the eighth in a series entitled "best options" for Cedar Rapids OWI (DUI) defendants. DAC-LAW PLC explains the how a defendant must prevail in a DOT revocation appeal hearing-- and beyond-- to reacquire his or her privilege to operate a motor vehicle in Iowa.


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Does Colorado NHTSA study actually invalidate rather than validate SFSTs?

by DAC-LAW PLC


Mark Twain said there are lies, damn lies, and statistics. Look closer at the NHTSA-funded study in Colorado over two decades ago that SFST proponents continue to cite to bolster their support for roadside field sobriety tests., 


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Best OWI Options Series: What to consider when registering for treatment and classes

by DAC-LAW PLC


This is the third in a series entitled "best options" for Iowa OWI (DUI) defendants. DAC-LAW PLC explains why it is important to hire an attorney to discuss the best options among classes and treatment options.  


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Is OWI suspect entitled to a phone call?  

by DAC-LAW PLC


Some law enforcement believe that the right to a phone call is to facilitate their OWI investigation and the decision to either refuse or consent to the Datamaster DMT test. Not so.


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Are sobriety tests gender biased? 

by DAC-LAW PLC


The federal transportation agency commissioned a study to validate its standardized field sobriety tests in 1998. But are they heavily weighted to men or just generally unscientific? 


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