Operating a vehicle under the influence on private property is a crime in Iowa.
I have defended many DUI cases. In most cases taking the breath test is the best course of action. Those tests can be attacked and impeached in many ways and once a jury hears the truth about how they operate many jurors distrust the results. Impeached tests usually results in a not guilty verdict.
Very few officers will have knowledge of the drinking driver detection standards mandated by the NHTSA. Most officers are not properly trained in administering field sobriety tests. Most will admit there are many other causes for the how the citizen appeared or acted that are not related to consuming intoxicants. Most will admit they did not attempt to determine any other reason for the manner in which the citizen was acting or appeared other than intoxication. Most are also lazy and all of their DUI arrest reports read like exact copies. Most of the time all the observed indicators of intoxication such as red, bloodshot, watery eyes can be explained by other causes. Even HGN results can be impeached with prepared cross examination. The one I use to attack with in most cases is slurred speech. I ask the officer if he has ever spoken to my client prior to the arrest. The officer will testify they have never met my client. Then how do they know my client's speech was slurred? Every field sobriety test are designed to make a citizen fail because they are stress positions no citizen ever performs and are performed at night in uncontrolled environments with bright and blinking colored lights affecting the person tested.
The jury will expect the officer to be perfect and if he made one mistake or has one inconsistency, and they all do, or if he embellished or lied or failed to include any evidence or observation favorable to the citizen at any point on his report or testimony the case will unravel. If the client is a responsible citizen, presents well and did not act like a jerk when they were arrested-most juries will give the citizen the benefit of the doubt.
Dash cam, officer cam and booking videos must be obtained and reviewed for events favorable to the client and to determine the level of intoxication of the citizen. A face plant getting out of the car is usually not going to help in defense of a case, but being cooperative, being able to follow commands, walking into booking without difficulty and answering officer questions all indicate a lack of intoxication.
A good DUI attorney can beat a drinking driving charge. However, it will be expensive and probably take the better part of a year to resolve at a trial. Cases with a high B.A.C., especially if supported by a blood test, are usually best resolved by a plea deal to a diversion program and a sentence that can be expunged in the future.
Nursing boards are usually fairly forgiving on first offense alcohol and drug charges.
