OWI (DUI) Criminal Lawyer: Substance Abuse Evaluation Required for Sentencing in Iowa
by David A. Cmelik Law PLC
Pursuant to Iowa Code § 321J.2(7)(a), a substance abuse evaluation and treatment are required for disposition of a OWI (DUI) drunk driving criminal prosecution in the State of Iowa. The code reads:
“All persons convicted of an offense under subsection 2 shall be ordered, at the person’s expense, to undergo, prior to sentencing, a substance abuse evaluation. The court shall order the person to follow the recommendations proposed in the substance abuse evaluation as provided in section 321J.3.”
In Cedar Rapids and Iowa City (Linn and Johnson Counties, respectively) the substance abuse evaluation is a required condition of pretrial release. In Iowa City, the court typically orders defendants released on drunk driving charges to obtain a substance abuse evaluation within ten days of release. In Cedar Rapids, the court typically orders defendants released on drunk driving charges to obtain a substance abuse evaluation within 30 days of release. It is a good idea to immediately schedule this substance abuse evaluation appointment.
The failure to follow through with this requirement can lead to contempt sanctions with a mandatory minimum twenty day jail sentence:
“A defendant who fails to carry out the order of the court shall be confined in the county jail for twenty days in addition to any other imprisonment ordered by the court or may be ordered to perform unpaid community service work, and shall be placed on probation for one year with a violation of this probation punishable as contempt of court”
Iowa Code § 321J.3(1)(f).
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.
Bill of Health the requirement for a substance abuse evaluation by a qualified professional may seem odd to some who have been arrested for a Cedar Rapids OWI (DUI). However, it is the law in Iowa that a substance abuse evaluation must be completed prior to any disposition short of a jury acquittal. Moreover, in both Iowa City and Cedar Rapids OWI (DUI) cases, substance abuse evaluations are a condition of pretrial release, requiring an evaluation on file no less than ten and thirty days from release, respectively. 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 at 319-389-1889.