OWI/DWI You're Not Alone in This. Let Us Fight For You.

Des Moines DUI Lawyers

Protecting Your Rights with Vigorous Defense

Our Des Moines DUI attorneys represent clients facing charges for OWI throughout Iowa. If you have been arrested for operating a motor vehicle while intoxicated, you may want someone on your side. With over 65 years of combined experience, Branstad & Olson is prepared to assess your situation and help you reach the outcome you deserve.

Contact our Iowa OWI attorneys at (515) 329-3100 for a free consultation. We can help you understand your rights and legal options.

Why Choose Branstad & Olson for Your OWI Defense?

When facing an OWI charge, having knowledgeable and experienced legal representation is essential. At Branstad & Olson, our dedicated team of attorneys deeply understands Iowa's OWI laws and the intricate legal processes involved. Here’s why we stand out as your trusted advocates:

Personalized Legal Strategy. We believe every case is unique. Our attorneys take the time to understand the specific details of your situation, allowing us to tailor a defense strategy that maximizes your chances of a favorable outcome.
Proven Track Record. Our firm's history of successful cases speaks volumes. We have helped numerous clients in Des Moines navigate their OWI charges, securing reduced penalties or even dismissals in many instances.
Compassionate Support. We understand the emotional and financial stress an OWI charge can bring. Our team is committed to providing not just legal support but also compassion throughout your case.
Accessible Communication. We prioritize keeping you informed every step of the way. You’ll have access to your attorney and will receive timely updates regarding your case’s progression.
Extensive Knowledge of Local Courts. Our familiarity with Des Moines and its court systems allows us to navigate the complexities of your case with efficiency and insight, enhancing your defense strategy.

Understanding Iowa's OWI Laws and Your Rights

Iowa OWI laws state that it is illegal for any person to operate a motor vehicle:

while under the influence of alcohol, drugs, or a combination of such substances
with a blood alcohol concentration (BAC) of .08% or higher
any found to have any amount of controlled substance in their system

Those who drive commercial vehicles are considered to be driving illegally with a BAC of .04% or more. The BAC limit for drivers who are under the age of 21 is .02%.

Penalties for OWI in Iowa

According to OWI laws in Iowa, the penalties for driving under the influence of alcohol or drugs are directly related to the offender’s number of previous offenses.

In Iowa, the penalties first-offense, second-offense, and third-offense OWI include the following:

First-Time OWI in Iowa: Potential Consequences

A OWI first offense in Iowa is classified as a serious misdemeanor resulting in penalties including a jail sentence ranging from 48 hours to 1 year, a fine of up to $1,250, and driver’s license revocation for a period of 180 days to 1 year.

Second OWI Offense in Iowa: Increased Penalties

A Iowa OWI 2nd offense is classified as an aggravated misdemeanor with penalties including 7 days to 2 years in prison, a fine of $1,875 to $6,250, and a minimum of 1 year driver’s license revocation.

Third-Time DUI in Iowa: Understanding the Felony Charges

A 3rd offense DUI Iowa or any subsequent offenses are categorized as a Class D felony. A felony OWI conviction will result in a mandatory prison sentence of 30 days but could result in 5 years in prison. The offender will also face a fine ranging from $3,125 to $9,375, as well as 6-year driver’s license revocation.

The court, probation, and DOT penalties may be complex. All OWI offenders will be required to undergo substance abuse evaluation, treatment may be required, and a course for drinking drivers may be required. Additionally, the driver may be required to install an ignition interlock device in their car.

If you are facing any of these possible penalties for DUI, contact our Des Moines OWI attorneys at (515) 329-3100!

Problems with Field Sobriety Testing: Are They Reliable?

A casual drive home can quickly turn into an OWI arrest if you “fail” the Standardized Field Sobriety Test (SFST). The SFST is a battery of three tests used to determine whether there is probable cause to arrest someone for operating while intoxicated (OWI), and while they have been widely used for decades, they can be inaccurate and unreliable for various reasons.

In Des Moines and throughout Iowa, law enforcement officers often rely on field sobriety test results during OWI stops. However, it's important to recognize that these tests do not account for individual health or physical conditions that may affect your performance. Local factors such as icy sidewalks and uneven pavement are common hazards in Des Moines and Polk County, and can interfere with the accuracy of these tests. The result is that many people are unfairly penalized due to factors beyond their control.

Many people facing OWI charges are surprised to learn that even law enforcement officers must follow strict protocols in administering these tests. Improper instructions or failure to demonstrate the test can undermine the evidence in your OWI defense. Our OWI attorneys in Des Moines thoroughly review police reports and body camera footage to identify inconsistencies or protocol violations, often uncovering critical weaknesses in the prosecution's case. These actions form a key part of our proactive defense strategy as your OWI lawyer in Des Moines.

Types of Field Sobriety Tests

The three types of field sobriety tests most commonly used by law enforcement during OWI investigations in Iowa are explained here:

Horizontal gaze nystagmus (HGN) test: This test evaluates involuntary jerking of the eyes as they follow a moving object. When intoxicated, nystagmus occurs at lower angles, making eye tracking difficult. HGN tests require following a pen or penlight, and officers watch for signs of exaggerated jerking. As your Des Moines OWI attorney, we know how to assess whether the test was properly administered and challenge its reliability in court if necessary.

Walk-and-turn test: During this test, you'll be asked to take nine steps along a straight line, heel-to-toe, with arms at your sides, then turn on one foot and return in the same way. This test is meant to assess balance and coordination, but factors such as uneven road surfaces in Des Moines, improper footwear, or underlying medical conditions can impact the result and should be carefully reviewed by your OWI attorney in Des Moines.
One-leg stand test: You may be asked to raise one leg about six inches off the ground and hold it for 30 seconds while counting. As many residents know, this can be challenging even under perfect conditions due to distractions from traffic, weather, or uneven ground. Our OWI lawyers in Des Moines analyze these circumstances to look for unfair or unreliable testing conditions that can influence the outcome of your OWI case.

Field sobriety tests are a standard part of OWI stops, but they are not definitive measures of intoxication. Officers use these tests to observe coordination and decision-making. However, because walking heel-to-toe or balancing on one leg is not part of daily activity for most people, mistakes are common even when a person is sober. Unfortunately, a minor misstep on Des Moines streets can carry significant legal consequences.

The accuracy and effectiveness of SFSTs depend on many factors, including the officer’s instructions, the suspect’s physical or medical condition, footwear, and even the weather. The National Highway Traffic Safety Administration reports HGN tests to be 77% accurate, walk-and-turn tests 68%, and one-leg stand tests 65%. That means test inaccuracies are an important area for challenge by a seasoned OWI attorney in Des Moines representing your interests.

Factors That Impact Field Sobriety Test Reliability in Des Moines

There are many reasons why a field sobriety test might not be valid as evidence in an OWI case. Factors include:

Prescription medications
Nervous system disorders
Vestibular system disorders
Metabolic disorders
Fatigue
Stress

For the walk-and-turn test in particular, additional considerations that may impact reliability include:

Improper footwear
Poor weather conditions
Balance issues and health conditions
Slippery or uneven road surfaces
Distractions from headlights or passing traffic

Performance on the one-leg stand test may also be compromised by:

Poor weather conditions
Balance problems and underlying health conditions
Unsuitable footwear
Uneven or slippery pavement common on Des Moines streets
Noise and movement from passing cars

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Call Our Lawyers for OWI Defense in Iowa

An OWI conviction can have far-reaching effects on many aspects of your life, including your driving privileges, employment, and reputation. We understand that no outcome short of a dismissal is ideal, regardless of sentence severity. If you need help reviewing evidence, preparing your defense, and representing you in court, don’t hesitate to reach out to Branstad & Olson. Our OWI attorneys in Iowa have more than 65 years of combined experience and have successfully managed numerous OWI and DUI cases throughout the state and in Des Moines.

Choosing the right OWI attorney in Des Moines after an OWI arrest is a pivotal decision that can influence every aspect of your future. In Des Moines, OWI charges bring additional pressure as you’ll likely face a license suspension hearing before the Iowa Department of Transportation, a process separate from criminal charges in Polk County. Our attorneys support clients through these parallel processes, offering strategic counsel on how to protect your license and preparing your case for proceedings at the Polk County Courthouse or local district court.

We know that steady communication and ongoing guidance can make all the difference during stressful times. Leveraging MyCase, our OWI lawyers in Des Moines ensure you have clear access to timelines, court dates, and critical updates—keeping you organized and engaged from arraignment through resolution. We are committed to making sure your questions are answered quickly and you’re fully prepared for every stage of your case.

Call (515) 329-3100 to start building a strategic OWI defense with our Des Moines DUI attorneys.

"Their communication was excellent and compassion was real. From day one, they were fighting"
Their communication was excellent and compassion was real. From day one, they were fighting

- Joe M.
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Very caring, and everything went perfect with my case. He was appointed to me, but I'm glad I got someone who did not only care about the money but also the case.

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