Stopped by police?

Should I Submit To chemical Testing or Breathalyzer?

The most difficult question to answer after having been stopped by the police and being suspected of drunk driving is whether one should submit to the chemical test the officer is requesting. 

The reason this is a difficult decision is because of the dichotomy between providing a potentially incriminating body specimen to the State for them to use to convict you of a criminal offense and the applicability of enhanced driver’s license suspensions if you refuse to provide a sample.

Do Police Have A Right To Request Testing?

In Iowa the officer has the right to choose to ask you to submit to a blood, breath, or urine test to determine the drug or alcohol concentration in your system.

Do I have A Right To Refuse To Submit To Testing?

The suspected person has the right to refuse a blood, breath, or urine test unless a warrant is obtained. 

I Have Right To Refuse, But Should I?

The decision to submit to or refuse chemical testing is often a difficult one to answer and usually depends upon the particular circumstances of each case. However, if you or someone you know is confronted with this difficult decision, there are some general considerations that should be taken into account.

The first determination is whether the current offense is a first, second, or third offense.  In Iowa the law provides for a twelve (12) year look back period.  Thus, any offenses occurring more than twelve years ago cannot be used enhance a current offense either through the criminal proceedings or through the administrative license suspension proceedings.  Thus, if a person was convicted of operating while intoxicated in 1998 and was arrested again in 2011, the current offense would be considered a first offense.  The following table shows the relevant driver’s license suspension periods and eligibility requirements for a temporary restricted license:

OWI Penalties and Consequences – Quick Reference

Drivers License Consequences

• The DOT only looks at prior drunk driving license suspensions within the past 12 years to determine if the current charge is a 1st or 2nd and subsequent offenses. Zero tolerance (.02) offenses count!

In addition to the above driver’s license penalties, the court is required to impose a six year revocation upon the conviction of a third or subsequent offense and there is no eligibility for a temporary restricted license for one year following the conviction.

Along with the driver’s license suspension periods, a person being asked to submit an incriminating sample for chemical testing should also take into consideration the applicable criminal penalties.  The following table shows the applicable criminal penalties that may be applied to the offense of operating while intoxicated.

Criminal Consequences if Convicted

• Requires actual criminal conviction for operating while intoxicated (referred to as OWI, and also known as DUI or DWI)

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

Get Directions  ::  View Map

You can also get directions and see an enlarged map of the area surrounding the attorneys' offices at 303 Locust Street by clicking on the links above or the words in this paragraph.

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, 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.