If You're Arrested for OWI...

          I'm sure you've seen, whether in person or on TV, someone getting pulled over for Operating While Intoxicated (OWI).  You've seen police officers ask suspects to walk-and-turn, "follow the finger," stand on one foot, or perform any number of field sobriety tests; tests which a stone-sober person would have a hard time doing.

          Sometimes I get asked whether a person has to do those tests when asked.  The answer is no, and I generally tell people not to take them.  I say that because the results of those tests will be used against you if you are later charged with OWI, and I have a problem with giving the State evidence to use against you.

          In all reality, you don't have to do any of the sobriety tests an officer may ask of you while in the field, including a preliminary breath test (PBT), and your refusal cannot be held against you later.  The only test refusal that can affect your privilege to drive or a future criminal case is one made after an officer has invoked Iowa's implied consent advisory laws.

          What's the implied consent advisory, you ask?  Well, by operating a motor vehicle on the highways of this State, an individual implicitly consents to the withdrawal of their breath, urine or blood for purposes of chemical

testing.  Before implied consent can be invoked officer must have “reasonable grounds” to believe the individual is operating while intoxicated AND one of 7 other statutorily specified conditions must be present:

1. Valid Arrest for violation of § 321J.2;

2. Motor vehicle accident resulting in personal injury or death; 2

3. PBT Refusal;

4. PBT Failure;

5. Operating a commercial vehicle and a PBT of .04 or greater;

6. PBT under .08 and reasonable grounds to believe under influence

of a controlled substance.

7. Under 21 and .02 or greater.

          Before he can ask you for a sample, he has to read the "implied consent advisory," which is a statement about the consequences of providing or refusing to provide a sample.  A test refusal at this stage does have consequences.  Generally speaking, if you refuse, your license is suspended for a longer time than if you had consented.

          Being arrested for OWI is a serious matter.  Sometime the difference between conviction and exoneration depends upon the actions you take at the scene.  If you would like more information about what to do when you get pulled over, or if you have already been charged with OWI, please contact JHD Law at (515) 875-4818, www.jhdlawfirm.com, via Twitter @jonahhammerdyer.