If you were arrested for a DUI in Des Moines, you’re likely dealing with anxiety, uncertainty, and a flood of legal questions. As a seasoned Des Moines OWI lawyer, I understand exactly what you’re going through. You’re worried about your driver’s license, your job, your criminal record, and your future. I want to give you clear, fact-driven guidance rooted in Iowa law, along with practical steps to protect your rights from the very beginning.

Iowa refers to drunk or drug-impaired driving as OWI—Operating While Intoxicated—under Iowa Code § 321J.2, which governs the elements of the offense and the penalties. You may see the terms DUI in Des Moines or OWI in Des Moines used interchangeably, but legally the correct charge is OWI.

Whether this is your first arrest or you have prior OWI history, the best action you can take right now is to speak with a qualified Des Moines OWI attorney who knows the Polk County courts, the local judges, and the procedures specific to OWI in central Iowa.

If you’re facing an OWI charge in Ames, call 1-888-839-4384 or use our online contact form for a free consultation with a top-rated Iowa OWI lawyer today.

Understanding Your OWI Charges Under Iowa Law

Iowa OWI law is strict and technical. Under Iowa Code § 321J.2, you can be charged with OWI if:

You operated a motor vehicle while under the influence of alcohol or drugs;
You had a BAC of 0.08% or higher; or
You had any amount of a controlled substance listed under Iowa Code § 124.101 in your system.

OWI charges in Des Moines include both criminal penalties and administrative penalties through the Iowa Department of Transportation (DOT). Even before your first court date, the DOT can begin suspending your license under Iowa’s implied consent procedures (Iowa Code § 321J.6).

This is why early legal representation matters so much. Deadlines move fast, and failure to act can cost you driving privileges even if your criminal case is later dismissed.

What Happens After an OWI Arrest in Des Moines?

When you are arrested for OWI in Des Moines, several major events occur in rapid sequence:

1. Booking and Chemical Testing

Des Moines Police or Iowa State Patrol will take you for either a breath test (Datamaster DMT), blood draw, or urine test. The reliability of these tests is a major point of attack in OWI cases.

2. Notice of License Suspension

If you fail a chemical test (BAC ≥ 0.08%) or refuse testing, the Iowa DOT initiates an administrative suspension.
You typically have 10 days to request a DOT hearing.

3. Initial Appearance in Polk County

This hearing is where the court formally notifies you of the OWI charge. This occurs at the Polk County Justice Center, which handles all OWI cases in the Des Moines metro area.

4. Pre-Trial Conferences, Motions, and Discovery

Your Des Moines DUI lawyer will begin requesting:

Police body and dash camera footage
Datamaster maintenance records
Chain of custody documents
Officer training certifications
Observational notes and arrest reports

These items are essential to challenging the prosecution’s case.

5. Possible Resolution Methods

A Des Moines DUI attorney will assess options such as:

Suppression of evidence due to improper stop
Challenging Datamaster accuracy
Errors in implied-consent advisories
Violations of field-sobriety testing protocols
Plea negotiations
Trial defense strategies

Penalties for OWI in Des Moines

Penalties depend on whether this is your first, second, or third offense. Below is a technical summary based on Iowa Code §§ 321J.2 and 321J.4.

First OWI (Serious Misdemeanor)

Jail: 48 hours minimum, up to 1 year
Fine: $1,250 (may be reduced in limited circumstances)
License Suspension: 180 days (test failure) or 1 year (test refusal)
Substance Abuse Evaluation: mandatory
Ignition Interlock: required for restricted driving privileges

Second OWI (Aggravated Misdemeanor)

Jail: 7 days minimum, up to 2 years
Fine: $1,875 to $6,250
License Suspension: 1 to 2 years, depending on test results
Interlock device required for any driving privileges

Third OWI (Class D Felony)

Prison: 30 days mandatory, up to 5 years
Fine: $3,125 to $9,375
License Suspension: 6 years

These penalties are severe, but many OWI cases—especially first offenses—can be significantly reduced or even dismissed with the right legal work.

How I Defend OWI in Des Moines

As a Des Moines OWI attorney, my approach is highly technical and evidence-driven. OWI cases hinge on scientific procedures, police training compliance, and constitutional requirements. Here are the key defense areas I evaluate in every case:

1. Legality of the Traffic Stop

Police must have reasonable suspicion or probable cause. If not, all evidence obtained after the stop can be suppressed.

2. Field Sobriety Testing Errors

I closely analyze:

HGN (Horizontal Gaze Nystagmus)
Walk-and-turn
One-leg stand

These tests must follow National Highway Traffic Safety Administration (NHTSA) standards. Deviations undermine reliability.

3. Chemical Testing Reliability

Iowa’s Datamaster DMT breath testing system must meet strict requirements:

Proper calibration
Valid simulator solution
Operator certification
No radio frequency interference
Observation period compliance

A single defect may invalidate the test.

4. Rights Violations During Arrest

Common issues include:

Improper implied-consent advisories
Failure to allow phone call access
Inadequate Miranda warnings

5. Medical Conditions Affecting BAC or Field Tests

Certain health conditions, medications, and dietary factors can produce false positives or inaccurate FST performance.

6. Review of DOT Suspension Procedures

Even when the criminal case is strong, the administrative case may be defective. I often challenge:

Notice procedures
Refusal allegations
Testing legitimacy
DOT timelines

Why Hiring a Des Moines DUI Lawyer Quickly Matters

Your case begins the moment of arrest—not at your first court date. A delay in obtaining counsel can:

Let DOT deadlines expire
Prevent early evidence preservation
Allow video footage to be overwritten
Limit negotiation leverage
Reduce options for license reinstatement

As a DUI lawyer in Des Moines, it’s my job to immediately stabilize your case, protect your driving privileges, and develop a defense strategy supported by science and law.

What I Offer as Your Des Moines DUI Attorney

When you work with me, you get:

• Comprehensive case review

I audit every detail of the OWI stop, arrest, testing, and DOT documentation.

• Early license-saving intervention

I request DOT hearings within required deadlines and fight to preserve your driving privileges.

• Aggressive courtroom defense

I challenge probable cause, testing reliability, procedural compliance, and constitutional issues.

• Local Des Moines and Polk County knowledge

I know the local courts, judges, prosecutors, and how OWI cases move through the Polk County system.

• Compassionate client support

I understand how stressful this situation is, and my goal is to give you control, clarity, and confidence at every step.

Get Help from a Des Moines OWI Lawyer Today

If you were charged with OWI in Des Moines, your next steps are critical. You’re facing potential jail time, heavy fines, long-term license consequences, and lasting criminal-record impact. But with a skilled Des Moines OWI lawyer standing with you, there are powerful defenses available.

I’m here to guide you through every stage of the process—from arrest to court hearings to DOT proceedings—and to fight for the best possible outcome under Iowa law.

Contact a Des Moines DUI lawyer now, before deadlines pass and evidence disappears.

You don’t have to go through this alone, and you don’t have to plead guilty without exploring your defense options.

More Iowa DUI Lawyer Resources

If you’d like to learn more about the Iowa DUI lawyers at Drunk Driving Defense, read some of our articles below.

You can also use our online contact form to schedule a free consultation anytime.

Des Moines, IA OWI Lawyer