DUI Law in Des Moines, IA

What Is a DUI?

DUI, which refers to driving under the influence of alcohol or drugs, is a criminal offense that can lead to weighty consequences. Also known as DWI, the process of going to court to face either conviction or exoneration can change the course of your life forever.

Learn more about your DUI law defense options below, and then talk to a local attorney in Des Moines, Iowa who will help you in this delicate situation. You don’t have to stare down consequences alone. You can take wise steps today to protect your interests.

Possible Consequences of a Des Moines, Iowa DUI Conviction

Where you live, the severity of the incident, and your criminal record determine the sentencing for a DUI. The punishments can drastically increase if you have had previous DUIs, so be mindful of that. If this is your first DUI, do not go at it alone and risk costly mistakes. Get a Des Moines law firm on your side to fight for you and your rights.

Paying Fines

If convicted of driving under the influence of alcohol or drugs in Des Moines, Iowa, you can count on fines being a part of your sentencing. Your DUI in Des Moines could result in a fine anywhere from $1,250 to $9,375.

However, other factors can drastically increase the amount you must pay, including:

  • Any damage to property while driving under the influence
  • If someone suffered injuries as a result of your intoxicated driving
  • Cases that include child endangerment
  • Any court costs associated with your case

Jail Time

Jail time is mandatory, even for first-time offenders in Des Moines. If this is your first DUI offense, you may only have to face a day or two in prison. But if you have previous convictions for DUIs, you can be sentenced to several months or years, depending on the nature of the crime. Know that some circumstances can add even more time in a cell, including injury to other people while driving under the influence.

Probation

If you do not face jail time, you will likely be on probation, with the sentencing judge determining the duration. You will pay monthly fees, and you cannot commit any more criminal offenses, including traffic violations. However, if you violate the terms of your probation, you can count on facing time behind bars.

If accused of breaking the terms of your limited freedom, the court has to prove guilt beyond all reasonable doubt. If this does not go your way, it’s possible to spend the complete term of your sentence in prison and face more criminal charges. Normally, you may have to report to a Polk County Probation Office, pay restitution, and participate in community service.

Drug and Alcohol Education Program

Following a Des Moines DUI sentencing, the law states you must complete a drug and alcohol education program. This will teach you about the dangers of driving under the influence. These programs cost more fees besides the legal costs you already have to pay.

The state requires a 12-hour class that costs $180 to reinstate your driving privileges in Des Moines. The Department of Education provides a list of approved local providers for you to consider. Before you can get off probation or reinstate your license, a judge may order you to do the following also:

  • Pay restitution feeds
  • Pay remaining court fees from your conviction
  • Complete a state-approved DUI education course
  • Show proof that you’ve purchased mandatory liability insurance
  • Go to an approved shop to have an ignition interlock device installed

The education programs also include a DUI evaluation. An evaluator asks you questions about how alcohol and drugs affect your life. If they believe that you are dependent, you may have to enter a substance abuse treatment program.

Suspension or Loss of License

No matter where you may face a DUI conviction, you have to undergo a license suspension period, at the very least. If it is your first DUI, you may have a license suspension for a few months while you go through probation and the drug and alcohol education program.

If this is not your first DUI, you may have your license suspended for much longer, or you could have it taken from you permanently.

What Should You Do When Charged With a DUI in Des Moines, Iowa?

If you’re facing a felony DUI charge, you must take the following steps to protect yourself:

Step 1: Contact an Attorney Familiar With Des Moines, Iowa  DUI Law

Immediately following your DUI arrest, you need to contact an experienced Des Moines DUI attorney. Your attorney can help prepare for your arraignment and prepare a defense to vindicate yourself or reduce the sentencing.

Step 2: Learn About Your Local DUI Laws

Des Moines, Iowa has unique laws for DUI or DWI charges. Your lawyer will work with you to help you better understand your state’s laws on driving while intoxicated. It is critical to understand what charges you face and the potential outcomes of your case. 

Step 3: Request a DMV Hearing

You or your attorney should request a hearing as soon as possible following your arrest. In Des Moines, Iowa you only have so much time to ask for a DMV hearing to keep your license until your court appearance. If you do not request a hearing, prepare for a license suspension.

If you decide to file for a DMV hearing, you or your lawyer should submit a request within ten days of your arrest. In order to reinstate your license, the Iowa Department of Transportation requires a $200 fee and completion of a state-approved substance abuse or drunk driving courses. The Polk County Treasurer office or the Polk County River Place Station are good options in Des Moines for further information and assistance.

Step 4: Prepare for Court Appearance

You and your attorney will prepare for your appearance and arraignment in Des Moines. If you plead “not guilty,” your DUI defense attorney represents you in court, and a judge and jury oversee the DUI law case.

Step 5: Receive Sentencing or Exoneration

You will either be “not guilty” of the charges brought against you and walk free, or you will receive sentencing for a guilty verdict.

Work with an Experienced Local DUI Lawyer in Des Moines, Iowa

Should you ever find yourself charged with a DUI, you need to work with an experienced Des Moines, IA lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you today. We can even help you connect with legal help across Iowa state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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