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Balduchi Law Office, PC July 29, 2020

Was Your OWI Arrest Properly Done?

In your rearview mirror, you notice the flashing patrol lights. A law enforcement officer stops you. The accusation: drunk driving. This is a serious charge, no question about it. Many repercussions surface with a drunk driving arrest and conviction. Incarceration, probation, fines and the loss of your driver’s license are among them.

This situation also can affect you personally and professionally. Will your family accept this? Will your employer retain you or insist that you enter a rehabilitation program? The potential consequences are on the table. This is not a situation you want to experience.

Law Enforcement Must Follow Protocol

But you look back on that night of your arrest and wonder why the officer stopped you in the first place. What tipped off the law enforcement officer? Or was the officer trying to make an arrest quota, and you just happened to be on the road?

Here are some things to consider when fighting an OWI charge:

  • Did the officer follow protocol in arresting you? Was there probable cause to stop you?

  • If the officer administered a Breathalyzer test on you, maybe the reading was inaccurate. And, perhaps, the officer was not properly trained in operating the device.

  • If you displayed erratic behavior, there is a possibility that it could be attributed to health-related issues.

  • Did the officer read you the Miranda rights?

An OWI charge is serious. If you suspect the arresting officer resorted to questionable procedures in your arrest, you need to speak up. It  might be time to talk to an experienced criminal defense attorney about your options to fight these charges.


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Operating a motor vehicle while intoxicated (OWI) or under the influence of drugs or alcohol is prohibited in Iowa. On suspicion of impaired or drunk driving, the police can stop your vehicle and ask you to take a field sobriety test, among other DUI tests. Understanding your rights with a field sobriety test is imperative to know what to do when pulled over for DUI and ensure that you do not implicate yourself inadvertently.

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