Should You Take the Breath Test When Pulled Over for OWI Suspicion in Iowa?

Being stopped because of suspected OWI can cause a lot of stress. Some people mistakenly think that not doing a breath test is a safe action. However, it often makes their case look worse. We discuss here the consequences of not taking the breath test in Iowa and why you could be better off by cooperating with it.

What Is OWI in Iowa?

In Iowa, OWI refers to operating while intoxicated. This term is similar to DUI (Driving Under the Influence) in other states. It’s a serious criminal charge, and Iowa law is strict when it comes to impaired driving. An OWI charge can result in hefty fines, license suspension, and even jail time.

Implied Consent: What Does It Mean for You?

When you obtain a driver's license, you by default agree with Iowa’s Implied Consent Law. That means you will have to breathe into a device, give blood or give urine if the officer asks you. Failing to take the test may cause you to have penalties applied even before you see a judge.

Significant Results When You Refuse to Take a Breath Test in Iowa.

• License Suspension: Your driver’s license will be taken away for at least 1 year.
• Further Risks: Should you decide not to submit to the test, the punishments may lead to higher financial charges and a longer time without your license.
• Assumed Guilt: If you refuse the breath test, the court may think you were intoxicated.

What Happens If You Refuse the Breath Test in Iowa?

Refusing the breath test can make your situation far worse. Iowa law treats this refusal as an automatic violation, and the consequences are immediate:

• Automatic License Suspension: A one-year suspension, regardless of whether you were actually intoxicated.
• Ineligibility for Deferred Judgment: This is a legal option that allows you to avoid jail time and keep the offense off your record. If you refuse the test, you lose this option.
• More complex Case to fight: Without test results, it’s much more difficult for your lawyer to challenge the evidence. In many cases, the jury or judge will assume you were intoxicated simply because you refused to take the test.

Why You Should Take the Breath Test: The Risks of Refusal

Taking the breath test is usually your best option in an OWI case. Here’s why:

• Accurate Evidence: The Data Master Breath Test machine used at the station is reliable and admissible in court.
• Easier to Defend: If you take the test and the results show you're under the legal limit, it’s much easier to fight the case.
• Avoid the Assumption of Guilt: Refusing the test automatically creates suspicion in the eyes of the court.

Field Sobriety Tests: Should You Agree to Them?

While breath tests are generally advisable, field sobriety tests (SFTs) are a different matter. These tests are voluntary in Iowa. Many people fail them even if they believe they did well. Police officers are trained to spot even minor mistakes, and failing these tests can make your case much more complicated.

Tips:

• Don’t Take the Field Sobriety Tests: It’s better to politely decline, as these tests rarely work in your favor.
• Stay Calm and Be Polite: If you’re asked to do a field sobriety test, remain calm and respectful, but do not feel compelled to comply.

What to Do After Refusing the Breath Test

If you do refuse the breath test, the situation becomes more complicated. Here’s what can happen:

• You Lose the Option for a Deferred Judgment: This means you’ll likely face jail time and a permanent mark on your record.
• Complicated License Reinstatement: If you have an out-of-state license, you’ll need to navigate the laws of both Iowa and your home state to get your license reinstated.

The Importance of Legal Representation in Your OWI Case

When dealing with an OWI charge, it's crucial to hire an experienced attorney who specializes in these types of cases. They can help:

• Appeal Your License Suspension: If there were errors in the arrest or if the breath test wasn’t administered correctly, your attorney can file motions to suppress evidence.
• Negotiate Plea Deals: An experienced attorney can sometimes negotiate a plea agreement that reduces your penalties.
• Avoid Trouble: The lawyer can show you why it pays to cooperate with the test and might be able to help you if you decline it.

Conclusion: How to Handle Being Pulled Over for OWI Suspicion in Iowa

Getting questioned for an OWI is never straightforward and it may be very stressful. But knowing what will happen if you refuse the breath test can guide you in choosing what to do.

To sum it up:

• Go ahead with the test: Usually, it is better to take the breath, blood or urine test. It supports you with tangible evidence when dealing with your case.
• Exceptions May Be Appropriate: If you have a medical reason, you should talk about your case with an attorney.
• Be calm: be polite, keep your right to stay quiet when necessary and understand that everything is on camera.

Contact an Experienced OWI Attorney Today

Immediately talk to a skilled lawyer if you are charged with OWI in Iowa, since they can help you deal with the legal issues. The earlier you respond, the more likely it is that you will reduce the effect of the problem on your life and future.