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If you are in custody, contact our office before answering any questions.
24 Hour Line: (515) 664-1614

 

McEnroe, Gotsdiner, Brewer, Steinbach & Rothman P.C.
1701 48th St, Ste 100
West Des Moines, IA 50266
Main Office: (515) 267-9000

 

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Know Your Rights

• You should contact an OWI attorney at the earliest possible opportunity after you are placed under arrest.
• You should arrange and ask for your attorney to be present.
• Know that all statements you make in the presence of officers can and will be used against you in all criminal and civil matters. This includes statements that you had been drinking or that you had been at a place where alcohol is sold.
• Know what the consequences of taking and failing or refusing the Datamaster breath test at the station are, both in your criminal case and through civil proceedings with the Department of Transportation.
• Know how the taking or refusing Datamaster breath test can affect your commercial driver’s license.
• Know your rights regarding phone calls and in person communications with attorneys prior to taking the breath test.
• Know your rights to obtain an independent blood test to challenge a breath test that was not accurate.

 

Why Do You Need An Attorney?

 

1. To determine if there are issues surrounding the officer stopping your vehicle or other mistakes made by law enforcement:
Was there probable cause under Iowa law?
Were the field tests performed correctly?
Were your rights violated?
Were you allowed to call an attorney, a friend, a relative and when? Did this violate Iowa Code Section 804.20

 

2. To help with the logistics and statutory issues surrounding an OWI:
How to obtain copies of all police reports?
How to obtain copies of all videos from the police vehicle?
How to obtain copies of 911 and dispatch tapes before they are destroyed?
What Motions to file in Court?
Do I qualify for a Deferred Judgment or any reductions in legal penalties?

 

3. To re-obtain your driver’s license:
You only have 10 days to appeal the suspension of your license? 
How do I get a stay to stop the revocation of my driver’s license so I can still drive? 
These questions, if not handled properly, could result in your conviction of OWI and the revocation of your driver’s license.