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OWI in Iowa - Michigan License

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wuriedone

Junior Member
What is the name of your state? Michigan - OWI in Iowa

My boyfriend is currently in Iowa for work and was taken out by his employers for a few drinks. On his way back to the hotel, he stopped at a grocery store to pick up some food... He got back in the car and was pulled over and blew a 0.11. The cop told him that someone had called and told them to search for his car which is the whole reason he was pulled over. He has hired an attorney who represented him in court today to enter the "not guilty" plea and they have another court date in 2 weeks.

I am wondering what kind of penalties he could incur? He has a Michigan license and this is his only drunk driving related offense would the punishment be using Iowa or Michigan law? Is there anything he can do to reduce the sentence or to keep a clean record? His lawyer told him not to enroll in any classes/volunteering until they figure out if he has to do that in Iowa for it to count.

I totally don't understand this process and I hate being so far away during all of it! Can anyone shed some light on the court process too?What is the name of your state?
 


BigMistakeFl

Senior Member
BigMistakeFl

There is some substantial evidence against him. There is the cop who made the arrest, the BAC, and the mystery person who reported him. Expect all to appear, should the case go to trial. He should seek a DUI specialist lawyer in Iowa; first consultation is usually free, and one of the longest conferences he will get with said lawyer. Check into the deferred judgment, below:

Iowa Penalties first offense OWI:
Jail:
Up to one year in jail and a fine of $1,000, or both. The minimum jail time is 48 hours.
(First offenders don't usually get serious jail time)

Fines:
$1000. The judge may waive up to $500 of the fine if the crime did not result in personal injury or property damage. As an alternative to a portion or all of the fine, the court may order you to perform unpaid community service.

Deferred Judgment
Available only for first offender who was not involved in a personal injury crash, who consented to the test and whose test result was less than .15 BAC.

First Offense License Revocation
When a chemical test indicates an alcohol level of .08% or more or the presence of a controlled substance, and you have had no OWI-related revocations in the previous 12 years, your license will be revoked for 180 days.

Alcohol Evaluation
You will also be ordered to complete a substance abuse evaluation and treatment, a course for drinking drivers, and attend a Victim's Panel. In order to reinstate your license, you will have to complete the approved course for drinking drivers, and present proof of completion of a substance abuse evaluation and treatment or rehabilitation services.
 

wuriedone

Junior Member
I had looked all that up online but his lawyer seems to think he will get much less than that. (basically heavy fines/fees, education & volunteering, higher insurance... but not talking about jail or revocation) I am pretty sure he isn't a DUI specialist though - just a reference from a friend.

He did not refuse the brethalyzer and did not damage anything - the cop told him the only reason he was pulled over was because of the mystery witness (which we are pretty sure was someone in the grocery store) who told them to look for his car. Even after 1 sip of alcohol his eyes get red making it seem like it is more - although this time it obviously was...

I tried looking up info on the deferred judgement but can't seem to find anything about what that is exactly :confused: - can anyone explain it a bit more?

Is there any possible way the revocation would be reduced or could it only be in IA or will it be MI too? He travels over 200 days a year for work so 180 days revocation will mean no income. And the restricted (to and from work) would be difficult as his work is in CA, TX, NV, IA, MI, FL, VA...

All your help is appreciated!
 

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