OWI defined Iowa gives police, prosecutors, and juries different avenues to OWI prosecution and conviction, including fact-finding inquiries that do not require a finding that the Defendant's breath had a greater concentration of alcohol than .08 g ETOH/210 L breath. A jury can find that someone is under the influence if the are weeping to, or raging on, police officers. Though the manner in which a motorist is driving is not an element of the offense, juries can look to whether an OWI defendant had control of his or her vehicle to determine intoxication.
There is more than one way to operate a motor vehicle while intoxicated, or, under the influence in Iowa.
Under Iowa Code Section 321J.2, a motorist commits Operating While Under the Influence, or, OWI, in Iowa, while operating a motor vehicle if he or she is (1) "under the influence" of an alcoholic beverage or other drug or combination of substances; (2) has an alcohol concentration of .08 or more; (3) have any amount of controlled substance in their person as measured by blood or urine.
Juries may gauge whether someone is under the influence by looking to their "visibly excited emotions," loss of bodily control or motions, affected reason or mental ability, or impaired judgment. Iowa Model Criminal Jury Instruction 2500.5.
If you or a loved one has been arrested for OWI in Iowa, contact DAC-LAW PLC at 319-389-4276 for an initial consultation.