Des Moines DUI/OWI Defense

While every DUI defense in Des Moines is unique, some common strategies can help Des Moines based law firms mount a strong case.

This page attempts to categorize and describe some of the common types of DUI/OWI defenses used by DUI law firms.  Remember, your case is unique, and you should consult an OWI/DUI lawyer from a law firm in Des Moines to determine the right strategy for you.

  • Probable cause: A police officer needs a valid reason to stop, detain, or arrest a suspected drunken driver.  You may be able to prove such cause did not exist.
  • Miranda rights:  If your Miranda rights were not read to you at the time of your arrest, incriminating statements you may have made may prove inadmissible in court.
  • Chemical tests conducted during the absorptive phase:  The amount of time since your last drink can throw off field sobriety test results wildly.
  • Field sobriety test results:  Many such results are arguable in court, since the results are often the subjective opinion of the officer.  Witnesses may be able to contradict such opinions.
  • Regulation of chemical testing:  The prosecution must prove that all field sobriety test devices had been properly maintained and calibrated before the arrest.
  • Retrograde extrapolation:  If a significant amount of time has passed between the arrest and the administration of a field sobriety test, many physiological issues can occur during that time.  This could form the basis of a defense mounted by a law firm experienced with OWI cases.
  • Blood-alcohol concentration:  Most breathalyzers record chemical compounds other than alcohol, which may register as alcohol.  Radio frequency interference can also throw off the results of a breathalyzer.  Furthermore, all breathalyzers assume a 2100:1 ratio when converting alcohol in the breath to that in the blood.  This ratio is not a scientific constant, though, and may vary from one person to another.  DUI/OWI lawyers in Des Moines know this well, and often use it as the linchpin of their defense strategy.

Des Moines DUI and OWI lawyers

If you are charged with a crime, please contact an Iowa criminal defense lawyer today at (888) 317-4978 for a free consultation.  You can count on us to work tirelessly to ensure the best possible outcome for your case and keep you well-informed every step of the way.