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Hand in Hand. Sometimes an OWI defendant is also charged with possession of a controlled substance as an additional count. This of course adds additional potential penalties and impacts. Let us help you chart your way back to life before legal crisis.  Contact David A. Cmelik Law PLC at 319-389-1889.

What is driving while under impaired by drug?

by David A. Cmelik Law PLC

Operating while intoxicated also includes operating a motor vehicle under the influence of any amount of a controlled substance or a combination of drugs and alcohol.

In cases where certified standardized field sobriety test (SFST) adminsitrators believe that a substance other than alcohol is causing impairment, they may attempt to conduct a vertical gaze nystagmus as a part of horizontal gaze nystagmus (or always conduct it and develop such suspicion) and otherwise attempt to discern whether someone is under the influence of drugs or combination of drugs and alcohol.

If the officer develops reasonable grounds to believe a motorist is impaired under those circumstances, they may request a urine or blood test at their discretion instead of a Datamaster DMT breath test.

A refusal of the urine or blood test has the same effect as a refusal of the Datamaster DMT breath test. The test subject sometimes protests and says they will take a Datamaster DMT breath test to prove they are not intoxicated.

Operating while impaired by a drug in Iowa carries the same penalties as drunk driving. The presumptive level of intoxication, however, does not apply as any amount of controlled substance, unless validly prescribed, may be used by the prosecution and jury to find guilt on intoxication.

If you or a loved one has been arrested for OWI in Cedar Rapids, Iowa City, Waterloo, or other Iowa community, contact David A. Cmelik Law PLC, for an initial consultation today. However, remember that a blog is not legal advice and that no attorney-client relationship is established by sending unsolicited information to an attorney over the Internet.‚Äč 

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