Legal Question in DUI Law in Iowa

OWI Ticket after the fact

A friend of mine rolled his vehicle at the beginning of November. Following the accident, he and three other occupants were transported to the hospital, where it was determined that he was driving under the influence. He was released the next day with the hospital and was contacted on Dec. 3 saying that he was going to be ticketed for OWI, no license and a couple of other minor offences. My question is, what are the state stautes regarding issueing a ticket for the OWI nearly a month after the fact? This would be his second OWI should they actually go through with the ticket. The other interesting bit of information was that the police department stated he was over three times the legal limit, when the hospital only recorded him at two times the limit. Thank you for any insight that you can provide.


Asked on 12/20/08, 2:36 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: OWI Ticket after the fact

I believe they've got a year to charge a person with a misdemeanor. Either way you slice it he was over the limit, right? I think your friend needs to find some other form of recreation.

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Answered on 12/20/08, 3:13 pm


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