cedar rapids / iowa city criminal and OWI-DUI defense

1450 Boyson Road Suite C-2A Hiawatha, Iowa 52233 319-389-1889

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First offense OWI, or, Operating While under the Influence, or, Operating While Intoxicated, is a serious misdemeanor punishable by at least two days in jail, one year maximum, and fines ranging from $1250 to $1875. All fines carry a 35% surcharge. 

The arresting officer has usually already notified the OWI arrestee that his or her license is revoked. Test refusals carry longer revocations.

A Datamaster DMT breath test may be requested only when a motorist has refused a preliminary breath test, or, PBT, the test administrator has reasonable grounds to believe a motorist has violated Iowa Code Sec. 321J.2, the drunk driving statute, or when a motor vehicle accident has occurred resulting in personal injury or death. Usually, a breath test request follows standardized field sobriety testing. Prosecutors and officers usually argue this testing produces the requisite reasonable grounds to believe someone is intoxicated sufficient to request a preliminary screen pursuant to Iowa Code Sec. 321J.5 and further that the sum total observations of the officer including SFST performance contribute to the total reasonable grounds to request a bodily specimen, usually the Datamaster DMT breath test, back at the stationhouse or jail. 

Your attorney, licensed in the State of Iowa, and limited exclusively to the practice of criminal law of which OWI is a subset, will examine every phase of the OWI investigation meticulously to make recommendations to you about next steps and best options. 

If you or a loved one have been arrested for OWI in Cedar Rapids, Iowa City, or other Iowa community, contact David A. Cmelik Law PLC today for a free initial consultation. 

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See our second Cedar Rapids criminal law location, DAC-LAW PLC, at: https://www.cedarrapidsduilawyer.lawyer

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Interrogators and arresting officers in your Iowa criminal prosecutionhave no obligation to inform defendants that an arrest is impending and, in fact, often do not do so-- arrest warrants are typically hidden from public view and no public court docket entries exist for them. This is true because law enforcement and the Iowa court system do not wish to alert future arrestees so they can avoid arrest.
​ After an arrest, families are often confused about bail. What is cash or surety? What is a ten percent option to the clerk? If release can be secured and the initial shock subsides, defendants are often surprised to find a so-called "speedy" resolution of their case can take up to four and a half months if all parties demand their rights to the time necessary to prepare a case. This is so because the State of Iowa has 45 days from the date of arrest to timely indict the defendant and, from that date, the Defendant may demand a speedy trial within 90 days of the date of the filing of that indictment. The total is 135 days, or, exactly four and a half months. Defendants are also unpleasantly surprised that collateral consequences, things outside the criminal prosecution, can and do happen to them while a criminal case is ongoing. They can lose their job. They can lose their family. They can lose hope. What they can count on is an objective, professional Iowa attorney who will assess the value of their case. Call David A. Cmelik Law PLC at 319-389-1889 for a free initial consultation.
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Criminal law in Iowa is a human endeavor, equal parts communication, empathy, expertise, and compassion. Connect directly with the namesake of the criminal law firm you hire and begin charting your course to recovery from legal crisis by partnering with your attorney. David A. Cmelik Law PLC will not pass your case off to an associate nor force you to wade through layers of gatekeepers, secretaries, and paralegals when you and your family need to get answers to important questions fast.  


David Cmelik's professional successes include Iowa jury acquittals in vehicular homicide, assault with a dangerous weapon, and OWI. He has obtained judgments of acquittal in jury trials for possession with intent to deliver and delivery of controlled substance. In addition, David has jury trial experience in first degree murder, armed bank robbery, and embezzlement. David attained his J.D. from the University of Iowa College of Law in 2001. He obtained his Bachelor of Arts from Iowa State University where he was also student body vice president and chairman of the student government senate. He and his family live in Cedar Rapids. 

David Cmelik is a Cedar Rapids, Iowa area criminal defense lawyer with experience involving over 4,250  Iowa state law criminal offenses ranging from simple assault to double homicide.  He is experienced in defending those charged with criminal drug possession, possession with intent, and delivery of marijuana, cocaine, crack, heroin, and other drugs. He has represented defendants in both federal and state cases involving firearms. If you are seeking an Iowa criminal defense lawyer because you have been charged in Cedar Rapids, Iowa City, Waterloo, or in Benton, Jones, Johnson, or other Iowa counties with a sex offense, are accused of sexual abuse, child endangerment, or you are facing an alcohol or drug-related or drunk driving charge (OWI (DUI), possession of a controlled substance, theft, fraud, criminal mischief, interference with official acts, possession of marijuana, cocaine, crack cocaine, or methamphetamine-- or a felony conspiracy, delivery, or possession with intent to deliver indictment) we will partner with you to provide a top flight criminal defense in Cedar Rapids, Linn County, Benton County, Jones County, Johnson County, and other Iowa counties. Contact David A. Cmelik Law PLC today at 319-389-1889 or law@daclawfirm.com for your free initial consultation.

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