Legal Question in Criminal Law in Iowa

omvwi

In about 1998 I got adeferred sentence for dui in about 2000 I was charged with first offense dui &was found guilty on 6 19 08 i was charged with 3rd offense because it was a felony I had to plead guilty to 1st offense was this the correct charge


Asked on 4/07/09, 1:32 pm

1 Answer from Attorneys
Todd Miler Miler Law Firm

Re: omvwi

Under Iowa's OWI law, with one exception, any deferred judgment or conviction in the prior 12-year period can be used to enhance an OWI charge. So if you have had a deferred judgment and also a conviction as a first offense within the past 12 years, which it would appear that you had, then you could be charged as an OWI- 3rd offense. The only exception is if you did not have an attorney on a prior charge or did not waive your right thereto on a prior charge, then it can not be used to count against you as a prior offense.

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Answered on 4/07/09, 1:41 pm


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