Virtual Law Library

A Helpful Glossary Of Legal Terms

Affirmative Defense

An affirmative defense is an admission to the charge at hand, or a portion of that charge, together with excuses, allegations or explanations to the original charge. For an example, refer to Prescription Medication OWI DUI Charge

Breath Test

A breath test is one type of test that can be conducted in the field by police officers. Results of a breath tests are not valid, but police officers use them to make arrests. For information about breath tests, please refer to Preliminary Breath Tests In The Field

DOT

DOT is an acrynomn for Department Of Transportation. For information regarding your driving privileges and driver's license after an OWI DUI arrest, please refer to WARNING

Operating a Boat

“Operation” is being in actual physical control of a motorboat or sailboat that is in motion or has its engine running. See Boating While Intoxicated

Operating a Vehicle

"Operating a vehicle" means the actual, physical control over a motor vehicle that is in motion or has its engine running. See Opearing Vehicle

Prescription Drug OWI Charge

A person can be arrested for driving while under the influence of a prescription drug, but there are feasible defenses. For information about charges stemming from driving while under the influence of a prescription drug, please refer to Prescription Drug OWI Charges

Proximate Cause

Proximate cause is one of two legal theories used to establish liability, 'cause-in-fact being the other. A cause-in-fact test is complex, but can be simply stated as the "but-for" test: the result wouldn't have occured but for the actions of the accused. Proximate cause assesses the liability of a person's actions resulting in a harm, such as foreseeability, risk, reasonableness of the action. Proximate Cause tests are an element of the charge of Vehicular Homicide. Please refer to Vehicular Homicide Defenses, Vehicular Homicide

Public Intoxication

Iowa Code section 123.46 prohibits an individual from being intoxicated, or simulating intoxication in a public place.  There are two elements of Public Intoxication that the State must prove beyond a reasonable doubt at trial: 1) the person was, or simulated, intoxication; 2) the person was in a public place. See Public Intoxication

Public Place

A “public place” is defined as “any place, building, or conveyance to which the public has or is permitted access.” See Public Intoxication

Reckless Driving

“Recklessness” is ordinarily one of the underlying requirements for the state to prove before a defendant can be held criminally liable for the death of another person resulting from a car accident. See Reckless Driving

Temporary Restricted License

A Temporary Restricted License is also known as a work permit. For information about a Temporary Restricted License, please refer to Work Permit

Vehicular Homicide

Vehicular Homicide is the most severe alcohol-related driving offense that a person can be charged with in the State of Iowa. Vehicular Homicide, Vehicular Homicide Defenses

Work Permit

A work permit, also known as a Temporary Restricted License, is for use by a person who has been convicted of a drunk driving offense to drive to work. For information about a work permit, please visit Work Permit

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, 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.