Alternatives To Drunk Driving Charges

Different Charging Alternatives

In order to prove a charge of operating while intoxicated, the prosecution must prove two essential elements:

1. The defendant operated a motor vehicle: and
2. At the time the defendant operated the vehicle, he/she either:
1. Had an alcohol concentration in excess of .08 (or .04 if operating a commercial vehicle; or
2. Any amount of controlled substance was present in the individual’s system without a valid prescription; or
3. Was “under the influence” of alcohol, a drug, or a combination of drug and alcohol.

A test over the legal limit is not necessary for the State of Iowa to prosecute someone for drunk driving.  In the event of a test refusal or even a test result under the “legal limit” the prosecution may proceed under the theory that the accused was “under the influence” of alcohol, drug or a combination of drug and alcohol. 

The law defines a person as being “under the influence” when by consuming alcohol or drug any one of the following are true:

1. Judgment is impaired;
2. Emotions are visibly excited;
3. Has to any extent lost control of bodily actions and movements;
4. Mental ability has been affected.

free initial consultation

An arrest is not a conviction; it is an allegation. The state prosecutor must prove the elements noted above to sustain a drunk driving charge, and the court or jury must find you guilty of those elements.

That may sound like an easy task in some regards, and an impossible one in other regards, but the fact remains that innocent people go to court by themselves every day to be found guilty by the court and sentenced accordingly. A drunk driving conviction remains with you for the rest of your life. It is imperative that you do everything you can to avoid a conviction. If you hire the attorneys at Iowa OWI Defenders, you can rest knowing that we will do everything to ensure that exact outcome.

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, peliminary 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.