What is 'intoxication' or "under the influence" for purpose of Iowa OWI prosecution?

by DAC-LAW PLC


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 statute is named "operating while under the influence" and defines how one might commit the offense of "operating while intoxicated" 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 DAC-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 prosecution. If you or a loved one has been arrested for OWI in Cedar Rapids, Iowa City, Waterloo, or other Iowa community, contact DAC-LAW PLC at 319-389-4276 for an initial consultation. 






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

305 2nd Avenue Suite 200

Cedar Rapids, Iowa 52401

319-389-4276


Intoxicating effect Intoxication in Iowa means more than the presumptive level of intoxication, or, .08 g ETOH per 210 L breath, 100 mL blood, or 67 mL urine. It can many any amount of illicit controlled substance present in the test subject, or merely "under the influence" of alcohol, based on observation, or a combination of drugs and alcohol, based on testing, whether illicit or prescribed, as a prescription drug defense is not applicable in any case where alcohol is present. If you or a loved one has been arrested in Linn, Johnson, Black Hawk, or other Iowa county, for operating while intoxicated or other alcohol or drug related offense, contact DAC-LAW PLC or 319-389-4276 for an initial consultation today.