Accidents while intoxicated

Drunk Drivers

Accidents are an unfortunate and often times tragic result of operating while intoxicated.  Accidents while intoxicated are the single most aggravating circumstance that can accompany a charge for operating while intoxicated (OWI DUI DWI). 

Accidents Increase Consequences if convicted

Often times, when a defendant was involved in an accident, whether resulting in injury or not, the stakes are elevated.  In those circumstances, the prosecutor will almost always request additional jail time above and beyond the mandatory minimum. Depending upon the circumstances, many judges will not hesitate to impose harsher sentences.

Driver Obligations After Accident

There are certain legal obligations that an individual involved in a car accident has immediately following an accident. For a complete explanation of a person’s duties following an accident click here: Accident Reporting.
(http://grllaw.blogspot.com/2011/01/reporting-accident.html). 

Investigations More Difficult In OWI Accidents

Law enforcement’s ability to investigate an operating while intoxicated case is significantly more difficult in an accident related case. Determining who was actually driving the vehicle at the time of the accident is often times a challenge for the investigating officer. This is especially true in single vehicle accidents. 

OWI Accident Sobriety Assessment Compromised

Determining the individual’s level of impairment at the time of the accident is also challenging. Medical treatment should always be the first priority of law enforcement and emergency medical personnel. Many times, the defendant is taken to the hospital either because of obvious injuries or for precautionary reasons.  In these situations, field sobriety exercises are all but impossible and the officer may be inclined to proceed based upon his observations of the individual, i.e., eyes, odor of alcohol, speech, etc.

OWI Accident Rights

If involved in an accident and suspected of operating while under the influence of alcohol, there are a few crucial rights that a person should be aware of.

First, you have the right to remain silent and not incriminate yourself when being asked questions that could incriminate you.  You do not need to admit to driving; you do not need to answer questions regarding consumption of alcohol; and you do not need to answer questions about where you were coming from or where you were going.

Second, you are not legally obligated to remain on the scene of a single car accident if noone was injured.

Third, you have the right to privacy when receiving medical treatment.  If you do not agree to law enforcement's presence in a hospital room or otherwise, they arguably do not have the right to be present.

Finally, you always have the right to refuse a blood test in the State of Iowa and the Department of Transportation cannot disqualify your driving privileges for refusal of a blood sample. If a request for blood is denied, law enforcement is then obligated to request breath or urine. Refusal of a urine or breath sample may result in disqualification of driving privileges. There are situations where law enforcement can force the withdrawal of a blood sample over the individual’s objection but they only apply when an accident has resulted in death or death is a significant possibility as a result of the accident.

Iowa OWI Defenders
contact us at 1-888-278-1027

Gourley, Rehkemper & Lindholm
IOWA DRUNK DRIVING DEFENSE LAWYERS
303 Locust Street, Suite 200
Des Moines, Iowa 50309

Phone: (515) 226-0500
Toll free: 1-888-278-1027

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free initial consultation

If you or someone you care about has been arrested for drunk driving or an intoxication related offense, remember that an arrest is not a conviction; there are many, many reasons why an OWI charge may be wrong. If the driver doesn't believe that he or she was drunk, that very well may be the case; breathalyzers can malfunction. There are also many other reasons for improper drunk driving accusations. We know, we find them all the time.

call Iowa OWI Defenders at 1-888-278-1027

For a free initial consultation, please call the law offices of Attorney Robert Rehkemper and Attorney Matthew Thomas Lindholm at (515) 226-0500, or if you are located outside the local Des Moines, West Des Moines, Iowa area, use our toll free number, (1-888-278-1027).

Send your OWI Arrest Information To An Attorney

You can also send details about your OWI arrest to the attorneys with the CASE SUBMISSION FORM. That form is very handy for after-hours communications, to give the attorneys a head's-up that you will be calling, or to leave a message for one of them to call you back. While arrest and charge information is public, be sure to exclude any confidential information.

prepare for consultation

The attorneys at Gourley, Rehkemper & Lindholm are extremely detail-orientated; they want information from you pertaining to every aspect of your case including your and police actions prior to the police stop, preliminary to your arrest, during arrest and after arrest.

An OWI DUI Questionnaire Form is ready for you to print and complete to prepare for your consultation with an attorney.

driver's rights card

Don't leave home without it! Get your Driver's Rights Card now, and keep it with you just in case you ever need it.

Gourley, Rehkemper & Lindholm founded the Driver's Rights Card to protect people's rights if ever they're stopped in Iowa by police for suspicion of operating a motor vehicle while under the influence. Protect your freedom - get the free card.