Des Moines DUI Lawyers
Protecting Your Rights with Vigorous Defense
Being charged with Operating While Intoxicated (OWI) in Iowa is serious. Even a first offense can lead to mandatory jail time, a driver’s license issues, and fines.
Our Des Moines OWI/DUI attorneys represent clients 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.
We represent clients facing drunk driving and OWI charges throughout Des Moines, West Des Moines, Ankeny, and across Polk County. Whether this is your first offense or a repeat charge, we’ll guide you through every step of the legal process and build a strong, strategic defense on your behalf.
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 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.
Understanding Iowa's OWI Laws and Your Rights
Under Iowa Code §321J.2, a driver can be charged with OWI if they:
- Operate a motor vehicle while under the influence of alcohol, drugs, or a combination of substances;
- Have a blood alcohol concentration (BAC) of .08% or higher; or
- Have any detectable amount of a 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%.
Even if your BAC is below .08, you can still face an OWI charge if the officer claims you were “under the influence” based on your appearance, speech, or behavior. This makes OWI charges in Iowa highly subjective — and gives your defense attorney multiple opportunities to challenge the evidence.
At Branstad & Olson, we know how to scrutinize every aspect of the case against you — from the legality of the initial traffic stop to the reliability of the field sobriety and chemical tests.
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 Offense (Serious Misdemeanor)
- Minimum 48 hours in jail (up to 1 year)
- Fine of $1,250 plus court costs
- License revocation for 180 days to 1 year
- Mandatory substance abuse evaluation and drinking driver course
Second Offense (Aggravated Misdemeanor)
- Minimum 7 days in jail (up to 2 years)
- Fine between $1,875 and $6,250
- License revocation for 1 to 2 years
- Ignition interlock device required for driving privileges
Third Offense (Class D Felony)
- 30 days to 5 years in prison
- Fine between $3,125 and $9,375
- License revocation for 6 years
- Mandatory treatment and extended supervision
If your OWI results in an accident causing serious injury or death, the penalties escalate dramatically — potentially resulting in a vehicular homicide or serious injury by vehicle charge.
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.
Even after you’ve served your sentence, an OWI conviction can leave lasting consequences, including higher insurance rates, loss of employment opportunities, and a permanent criminal record. That’s why immediate legal representation is essential.
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.
Deferred Judgment Options in Polk County
If you are facing your first OWI charge and meet specific conditions, you may be eligible for a deferred judgment under Iowa law. A deferred judgment means your case can be dismissed if you meet all court-ordered requirements, such as completing an education program, paying fines, and avoiding further offenses.
Eligibility for deferred judgment generally requires:
- No prior OWI convictions
- BAC below .15%
- No accident causing injury
Your attorney can argue for a deferred judgment on your behalf — giving you a valuable second chance to keep a conviction off your record.
OWI Test Refusals and Iowa’s Implied Consent Law
Iowa’s implied consent law requires drivers to submit to chemical testing (breath, blood, or urine) if lawfully arrested for OWI. While you can legally refuse the test, refusal carries serious administrative penalties:
- First refusal: 1-year license revocation
- Second or subsequent refusal: 2-year revocation
You may still apply for a temporary restricted license, but you’ll need to pay a civil penalty and install an ignition interlock device in your vehicle.
Our firm can help you challenge license suspensions and file an appeal with the Iowa Department of Transportation — but you only have 10 days from your arrest to do so. Acting quickly is critical to preserving your driving privileges.
Common Defenses to OWI Charges
At Branstad & Olson, we conduct a thorough investigation into every detail of your case. Many OWI cases can be reduced or dismissed due to procedural errors or unreliable testing. Common defenses include:
- Lack of Reasonable Suspicion: Officers must have a legitimate reason — such as a traffic violation — to pull you over. Random or unjustified stops violate your constitutional rights.
- Faulty Field Sobriety Tests: Field tests like the one-leg stand or walk-and-turn are subjective and often inaccurate. Factors like nerves, fatigue, or medical conditions can cause false “failures.”
- Inaccurate Breath or Blood Tests: Breathalyzers require regular calibration and proper administration. Our team can subpoena records to check whether testing devices were correctly maintained.
- Medical Conditions: Certain health conditions such as diabetes, GERD, or ketosis can mimic intoxication symptoms or cause false BAC readings.
- Procedural Violations: If officers failed to read your Miranda rights, denied you the right to an attorney, or mishandled evidence, we can move to have that evidence suppressed.
What to Do If You’re Pulled Over for OWI in Des Moines
The moments during and after an OWI stop can make or break your case. Follow these steps to protect yourself:
- Be polite but quiet. Provide your license and registration, but avoid answering questions about alcohol consumption.
- Refuse field sobriety tests. These are voluntary and often unreliable.
- Request an attorney immediately. You have the right to speak to your lawyer before taking chemical tests.
- Document everything. Write down what happened, what the officer said, and any potential witnesses.
The sooner you contact our team, the sooner we can begin protecting your rights.
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.
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Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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Reversed and Remanded Appeal - Administrative
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Not Guilty - Trial Vehicular Homicide
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Not Guilty– Jury Trial Murder 1st Degree
Frequently Asked Questions About OWI in Iowa
If you’ve been arrested for Operating While Intoxicated (OWI) in Iowa, you probably have a lot of questions about what happens next. Below are some of the most frequently asked questions about OWI charges — along with clear, straightforward answers from the Des Moines OWI lawyers at Branstad & Olson.
What happens immediately after an OWI arrest in Iowa?
After an OWI arrest, your driver’s license may be seized immediately, and you’ll be issued a temporary driving permit. You’ll also receive a notice of license revocation from the Iowa Department of Transportation (DOT). You have just 10 days to request a hearing to challenge this suspension. Failing to do so means your driving privileges will automatically be revoked once the temporary permit expires.
Your criminal case will also proceed separately in court. This means you’ll have both an administrative license issue and a criminal case to handle — and having an attorney early on can help protect your rights in both.
Can I go to jail for a first-time OWI in Iowa?
Yes, even a first-time OWI in Iowa carries mandatory jail time. The law requires at least 48 hours in jail, though in some cases, a skilled attorney can negotiate alternative sentencing such as community service or a suspended jail term in exchange for probation.
A lawyer can also help determine if you’re eligible for a deferred judgment, which could keep a conviction off your record entirely.
Will I lose my driver’s license after an OWI arrest?
License suspension is one of the most immediate consequences of an OWI arrest. The duration of your suspension depends on whether you failed or refused a chemical test:
- Failed test (BAC .08 or higher): 180-day suspension for a first offense.
- Refused test: 1-year suspension for a first offense.
You may still be able to obtain a temporary restricted license (TRL) with an ignition interlock device installed in your vehicle. An OWI defense lawyer can help you apply for this and ensure the paperwork is filed correctly.
What if I wasn’t actually driving when I was arrested?
Iowa law defines “operating” a vehicle broadly. Even if you were sitting in a parked car with the keys in the ignition, you could still be charged with OWI. However, your attorney may be able to argue that you weren’t in control of the vehicle or that you had no intent to drive, which could lead to dismissal or reduction of the charge.
How long will an OWI stay on my record in Iowa?
An OWI conviction remains on your criminal record permanently, though it can only be used to enhance penalties for 12 years. It will also appear on your driving record, which may affect employment, insurance rates, and background checks.
An experienced OWI attorney can help you pursue expungement if you received a deferred judgment and completed all court-ordered conditions.
Can an OWI be reduced or dismissed in Iowa?
Yes, depending on the evidence, your OWI charge may be reduced to a lesser offense such as reckless driving (“wet reckless”) or dismissed entirely. Common reasons for dismissal include:
- Illegal traffic stops
- Faulty breathalyzer calibration
- Mishandled blood samples
- Violation of constitutional rights
Your defense lawyer will evaluate every detail to find weaknesses in the state’s case and push for the most favorable resolution.
How can an OWI lawyer help me?
An OWI attorney does much more than represent you in court. They can:
- Challenge the legality of your stop, arrest, and testing procedures
- Negotiate for reduced charges, fines, or jail time
- Help you apply for a restricted license or deferred judgment
- Represent you in both criminal court and DOT administrative hearings
- Ensure your rights are protected at every step
At Branstad & Olson, our Des Moines OWI lawyers have successfully defended countless clients across Iowa. We use our in-depth understanding of OWI laws, local courts, and prosecutorial tactics to achieve the best possible results.
Get Answers From a Des Moines OWI Lawyer Today
If you’ve been charged with OWI, don’t try to face the system alone. The laws are complex, and every decision you make early in the process can impact your outcome.
Call Branstad & Olson today at (515) 329-3100 for a free consultation. We’ll answer your questions, explain your options, and start building a powerful defense to protect your future.