If the driver has refused the test on a prior occasion, the revocation will be for two years. In contrast, if the driver takes the test and fails, the license is revoked for days on a first arrest or one year if there was a prior revocation. There are other consequences of refusing the test.
A driver who refuses a test will not be eligible for a restricted driver's license for 90 days after the revocation takes effect, or for one year after the revocation effective date if they have a prior revocation for test refusal. If the driver seeks a restricted license, an ignition interlock device must be installed in their vehicle.
When a driver has to decide whether to refuse a breath test, contacting an attorney immediately is often a good idea. The decision whether or not to take the test will depend on a number of facts and legal issues, and an experienced Iowa OWI lawyer can help the driver make an informed choice. On behalf of J. Dean Keegan of J. Dean Keegan, Eric D. Dean took things as far as he could with the appeals process, finding every way possible to keep me driving in the meantime which I needed to do for my job.
Dean argued the You both did a great job and got me the best results possible in my situation. I would recommend your service to any in need of counsel and I am still amazed in the way She gets the job done for her clients. She goes hard for the best results. She would always be my first choice of defense. She is very After sitting in jail for a year with public defenders just going through the motions, I asked the judge to appoint new counsel.
Eric was Following a two week trial, the Defendant was acquitted of all charges. Vehicular Homicide was reduced to Involuntary Manslaughter. Total sentence was suspended. Attorney Dean Keegan's client was charged with two counts of controlled substance violation, as well as two counts of failure to affix tax stamp. After a year of court appearances and negotiating with the prosecutor, all charges were dismissed with costs assessed to the State.
After plea negotiations with the State, Mr. If the driver has previous OWI license revocations, the suspension is for two years. When a driver refuses to take a chemical test, the arresting officer can immediately take the person's license and issue a temporary ten-day license. A driver whose license has been revoked for refusing a chemical test is entitled to contest the revocation at an administrative hearing.
Another consequence of refusing a chemical test is that the prosecutor is allowed to present evidence of the refusal in the criminal case and can suggest to the judge or jury that the refusal is evidence of guilt.
In other words, the prosecutor can argue that you refused the test because you knew you would fail. Successful completion of the deferred adjudication program results in an OWI charge being dismissed and allows an offender to avoid mandatory penalties including jail time and fines.
A chemical test refusal renders drivers ineligible for a deferred judgment. A driver can refuse to submit to chemical testing, but the penalties for refusing are generally more severe than those for failing a test: The duration of license revocations for test refusals are usually twice as long as revocations for test failures.
There are also circumstances allowing police to administer a chemical test without the driver's consent. Generally, if an OWI arrest resulted from an accident causing death or personal injury likely to cause death, a chemical test can be administered without the consent of the person arrested. In other situations, police can obtain a search warrant to get a sample of a driver's breath, blood, or urine without consent.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
First, not long after they stop you, they will probably offer you a preliminary screening test, also called a preliminary breath test or PBT. PBT results are not admissible in court. A first offense is a serious misdemeanor. A second offense is an aggravated misdemeanor. A third or subsequent offense is a class D felony. What happens if you refuse a breath test? What happens if you take a breath test and fail? Under implied consent, you have impliedly consented in advance to letting a police officer test your blood, breath, or urine for alcohol or drugs.
If you do this, there will be consequences. However, there are times when the benefits of revoking your implied consent outweigh the consequences of refusing a chemical test.
Whether or not you should refuse testing depends on a number of factors. Refusing a breath test might be a good idea for some people under some of the following circumstances:. There are definitely drawbacks to refusing a chemical test, though. Some of those drawbacks include:. You are not eligible for a deferred judgment if you refuse a breath test. Then again, you are also not eligible for a deferred judgment if y if you are convicted of OWI or your license is revoked for OWI and you blow in excess of a.
Iowa Code Section J. Additionally, you are ineligible for a deferred if you have previously had two or more deferreds, if you have already had a deferred judgment or conviction for DUI, or if your OWI offense injured someone or caused property damage.
Your license will automatically be revoked for refusing a chemical test. There may be exceptions to this in some circumstances — for instance, if your OWI lawyer successfully argues that the test refusal should be suppressed. However, generally, a test refusal will result in a revocation, and the revocation will usually be longer for a refusal than for a refusal. Like with most legal things, there are also exceptions to this. Iowa Code Section Refusing testing twice or having one OWI and one refusal will also get you a lifetime revocation.
If you fail the OWI breath test, your test result will likely be admissible at trial against you under most circumstances. You have a number of relevant constitutional rights. For example, you have a right against self-incrimination. You also have rights regarding warrantless searches. Refusing a breath test will withhold the most important trial evidence from the prosecution.
While the prosecutor will probably insist to the jury that you refused testing because you were guilty, there are valid, non-guilt reasons that people might choose to refuse to let the government test them. Often, DUI suspects have to decide quickly whether to submit to testing. Many suspects are unable to reach an attorney in time to help them make this decision. In order to make sure you are able to make a reasoned and informed decision about chemical testing, the police should read you an informed consent advisory.
Their advisory will need to accurately explain the consequences you will face if you fail or refuse chemical testing. Under Iowa Code Section They have to let you make a reasonable number of calls. If a lawyer can get to the station in time, the police have to let you see and consult confidentially with the lawyer. Under Iowa law, you have a right to an independent test at your own expense. Remember that the police do not have to offer you an independent test or an opportunity to re-test.
You have to ask for it. In order to invoke implied consent, police need to offer you a chemical test within two hours of offering you a preliminary breath test or within two hours of arresting you, whichever happens first. Do your best to reach someone who can give you legal advice before deciding whether to consent to or refuse chemical testing.
This blog post is for informational purposes only. It may be out of date. It may not apply to your situation. Consult with a local OWI lawyer in your jurisdiction.
0コメント