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Iowa DUI / DWI Questions & Answers
0 Answers | Asked in Criminal Law and DUI / DWI for Iowa on
Q: How can I get a test refusal thrown out? My public defender failed to do this at a supression hearing

On Dec 1st, 2023, I was with my girlfriend driving thru a rural town when we passed Louisa County Deputy Davis. We made a stop at Caseys general store. While inside, Deputy Davis made 2 passes around the store very clearly running the plates on the vehicle. Upon leaving, we see Deputy Davis is... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Immigration Law for Iowa on
Q: Travel and return with historical 3 DUIs?

I had three DUIs in 2015, 2016, and 2021. I paid for everything, served one month in jail, and also completed all the tasks given by the court order. I'll finish my probation this coming October. Can I go to Vietnam and then return to the US without getting deported or having my green card... View More

James L. Arrasmith
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answered on May 11, 2024

Having a history of DUIs should not directly impact your ability to travel to Vietnam and return to the United States, as long as you have a valid green card and have completed all court-ordered requirements related to your DUIs. However, there are a few considerations to keep in mind:

1....
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1 Answer | Asked in DUI / DWI and Immigration Law for Iowa on
Q: Does a DUI arrest automatically revoke a L1B visa? If so, am I still allowed to work in the US?

if a L1B work visa holder got arrested for a DUI but have not received any revocation letter yet, should one assume that the visa is revoked? Also, if it is revoked is the person still allowed to work for the legal status time at least or is it illegal for the person to still go to the company?... View More

James L. Arrasmith
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answered on Apr 23, 2024

A DUI arrest does not automatically revoke an L1B visa, but a conviction can lead to the visa being revoked and impact your ability to work in the U.S. Here are a few key points:

1. Arrest vs. Conviction: An arrest alone does not necessarily lead to visa revocation. However, if the arrest...
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1 Answer | Asked in DUI / DWI for Iowa on
Q: Do you need to be present at a DUI hearing?

None

T. Augustus Claus
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answered on Oct 16, 2023

Whether or not you need to be present at a DUI hearing in Iowa depends on the type of hearing.

Preliminary hearing: You are not required to be present.

Arraignment: You are required to be present.

Trial: You are required to be present.

For personalized legal...
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1 Answer | Asked in DUI / DWI for Iowa on
Q: A friend is loosing her license, but qualifies for a TRL with intoxilock. The install is next week. Can she drive still?
T. Augustus Claus
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answered on Oct 10, 2023

In Iowa, if someone's license is suspended but they qualify for a Temporary Restricted License (TRL) with an ignition interlock device, they should not drive until all TRL requirements are met and they have the TRL in hand. This includes installing the ignition interlock device and obtaining... View More

1 Answer | Asked in DUI / DWI, Personal Injury, Car Accidents and Medical Malpractice for Iowa on
Q: In Iowa can statements made by an individual with serious head trauma and concussion be used in court?

Operator suffered from serious brain trauma in accident and was questioned right after. It was clear operator was confused which was a result of a concussion from the accident. Operator couldn’t recall events of accident for three days after the accident. Officer wrongfully believed operator was... View More

Erik Luthens
Erik Luthens
answered on Mar 27, 2022

You need to obtain a professional opinion (expert witness) from a neurologist who can identify how the collision would have affected the injured person’s ability to offer a trustworthy statement (from an evidentiary standpoint).

Erik Luthens

Attorney at Law

Parrish-Sams...
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1 Answer | Asked in Car Accidents, DUI / DWI and Wrongful Death for Iowa on
Q: Son died 12 hrs after car failed to yield. Driver had 2 warrants 4 DUI, no licenseby, 9 suspensions. Manslaughter?

What recourse do we have? Never want another family to deal with the same loss as we have had.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Sep 8, 2020

If there is insurance you can sue for wrongful death.

1 Answer | Asked in DUI / DWI for Iowa on
Q: I have 3convictions for dui what happens if I get a bui?

The reason Im asking is I just bought a canoe with a trolling motor. Would that be the same punishment as a 4th dui?

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2017

Seeing no answers from Iowa attorneys, I suggest that you contact a highly qualified attorney in Iowa, to get a FREE consultation. Here is a suggestion.

Robert G. Rehkemper

Managing Partner/Attorney

Phone: (515) 226-0500

Tell him William Head from Atlanta suggested...
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1 Answer | Asked in DUI / DWI and Traffic Tickets for Iowa on
Q: If I got any DUI and I got my license back in January I behave gotten two speeding tickets will this affect my probation

It says in the paper they sent me I can't get any kind of moving violations.

Freddy Woods
Freddy Woods
answered on May 2, 2017

Any subsequent arrests that you have while on probation could result in a probation violation. Consult a lawyer to defend you at the hearing. If you do not have counsel and you are violated at the hearing, the judge could sentence you to serve the amount of time hanging over your head that was... View More

1 Answer | Asked in DUI / DWI and Car Accidents for Iowa on
Q: I got a dui & totaled my vehicle after hitting another car. How long should I expect insurance payout? It's been 2 wks.

I'm trying to do the right thing & pay all fines, get interlock system, evaluation, etc but I have no vehicle before my court date so I can get a work permit. Nobody was injured in accident...Thank God.

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2016

They are usually prompt. Did you have it evaluated?Send them a copy of the repair estimate? Under most state laws they have 30 days. They usually take 10-days to two weeks.

1 Answer | Asked in Car Accidents and DUI / DWI for Iowa on
Q: Will my insurance cover my dui & accident. I hit another vehicle....no injuries though.

Other person ran red light & we collided.

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Dec 11, 2016

They should cover your damages, but the other guy's insurance may have to cover his. Too bad for the OWI, that will cost you in time, money and points. Good luck.

1 Answer | Asked in Car Accidents and DUI / DWI for Iowa on
Q: My husbands was charged with dui after another vehicle ran a red light & totaled my husbands vehicle.

Insurance claim is taking forever. Why? It should be my husbands fault?

Peter N. Munsing
Peter N. Munsing
answered on Dec 10, 2016

Forever doesn't mean it's his fault. It just means they are dragging.

A lot depends on who says what. He should get a consult with a member of the Ia. assn for Justice--they give free consults. Look for one who also handles criminal matters as he should have representaiton on the DUI.

1 Answer | Asked in DUI / DWI for Iowa on
Q: Is it possible to get my license suspension shortened after 3 OWIs?

I am almost 24 and I am trying to push forward in my life. I am attending a great college and have pursued a civil engineering degree. Not being able to have my license has been very difficult for me. I got a OWI when I was 18 for marijuana and 19 for alcohol. My last one was about two years ago... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 26, 2015

What you need is specifically tailored legal advice, but it would not hurt to read the statutes which deal directly with this issue. For instance a suspension for five years in my state can be shortened to two if you jump through the right hoops. Call and ask the people at the dmv what you need to... View More

1 Answer | Asked in DUI / DWI for Iowa on
Q: 3 yrs ago I received a dui in IA, I lived in WI. I hadn't paid fees or went to jail. Looking to fix it now..

Just want to know what steps to take to get a fresh start. Planning on moving to Iowa and need this taken care of

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 25, 2015

You need to consult with a private criminal defense attorney in Iowa. That is the very best step to take in my opinion.

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