In Iowa, the zero-tolerance law is a strict measure aimed at curbing the dangers associated with underage drinking and driving. The law mandates individuals under the legal drinking age who operate a motor vehicle with even a small amount of alcohol in their system can face legal consequences.
Young individuals must grasp the full extent of the legal repercussions if charged under Iowa's zero-tolerance law. A conviction for underage OWI can result in the revocation of a driver’s license.
Contact Branstad & Olson today at (515) 329-3100 to schedule a consultation with one of our Des Moines attorneys.
Navigating the Underage OWI Law
Under Iowa Code § 321J.2A, individuals under the age of 21 who operate a motor vehicle with a blood alcohol concentration (BAC) over 0.02 face charges.
For a first-time offense, individuals face a driver's license revocation of 60 days. Subsequent offenses carry harsher penalties.
Additionally, individuals who refuse chemical testing can face more stringent penalties, including a driver's license revocation of 1 year for the first violation.
Furthermore, individuals whose licenses are revoked under the zero tolerance law may not be eligible for a restricted license, exacerbating the difficulties of maintaining academic pursuits and employment.
Potential Strategies for Zero-Tolerance Cases
When facing charges for underage drinking and driving, understanding your defense options is essential.
- Challenging the legality of the traffic stop: Law enforcement officers must have a valid reason to initiate a traffic stop. If the stop was conducted unlawfully or without proper justification, evidence obtained during the stop, including chemical test results, may be deemed inadmissible in court.
- Questioning the accuracy of chemical test results: Factors such as improper administration of tests, equipment malfunction, or contamination of samples can compromise the accuracy of test results. Defense attorneys may challenge the validity of chemical tests and seek to suppress or discredit evidence if obtained under questionable circumstances.
Please contact Branstad & Olson in Des Moines at (515) 329-3100 or online to schedule a consultation.