What Is Meant by a Rising BAC Defense?
Chemical tests of drivers are designed to detect their blood alcohol concentration (BAC). In Iowa, the “legal limit” for most drivers is a BAC of 0.08. Driving with a BAC above 0.08 is sufficient proof of the crime of operating while intoxicated (OWI or DUI) even if the driver is in complete and careful control […]
Can I Choose Which Chemical Test I Take?
When a driver is pulled over on suspicion of driving under the influence (DUI), the officer will likely ask the driver to perform field sobriety tests. Officers typically conclude that a driver failed the tests, even if the driver performed them reasonably well. After the field sobriety tests are finished, the officer will usually ask […]
Do I Have the Right to an Attorney When Taking a Field Sobriety Test?
Police officers often administer field sobriety tests when they suspect a driver is under the influence of alcohol or drugs. Those tests are, in theory, designed to help the officer decide whether the driver’s ability to drive safely is impaired. While officers have the authority to order a driver to exit the car, the officer […]
What Do Police Look for When They Search for Intoxicated Drivers on the Road?
Police officers have broad authority to stop suspected drunk drivers, but they can’t do so on a whim. The Constitution prohibits an officer from stopping a driver unless the officer has a reasonable suspicion that the driver is violating the law. In a DUI case, that means the police need to see driving behavior that […]