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    OWI first offense

    I know a young lady who was charged with OWI here in Iowa (no, it's me). It is her first offense. I was just wondering if it would be worth the expense of hiring an attorney or if she should just plead guilty and beg for mercy. Does anyone have advice on this topic?



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    Re: OWI first offense

    Well, were you actually drunk? Did you fail the sobriety test? Did you blow over .08?
    If you answered yes to any of those questions, it'd be a waste of time and money to hire an attorny.


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    Re: OWI first offense

    Was there an accident? Did she blow? What did she blow? Depending on these answers she could get a deferred judgment (depending which county she's in, I'm not familiar with all Iowa counties). Deferred judgment would cut her license suspension in half.

    Also, there may be issues with the stop itself. Having an attorney look at that stuff is always a good idea.



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    Re: OWI first offense

    It depends, do you have any prior convictions/ any sort of evidence that works in your favor. I would highly doubt that it would be differed if its an OWI, even though I have heard of it happening before.




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    Re: OWI first offense

    I'm mainly familiar with Polk and Dallas, but those two counties do deferreds on OWI(1st) all the time.



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    Re: OWI first offense

    Quote Originally Posted by cyclonedave25 View Post
    Well, were you actually drunk? Did you fail the sobriety test? Did you blow over .08?
    If you answered yes to any of those questions, it'd be a waste of time and money to hire an attorny.
    Sorry. There was no accident. She was pulled over for speeding and she blew over .08.



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    Re: OWI first offense

    GET A LAWER , WORTH THE EXPENSE



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    Re: OWI first offense

    Quote Originally Posted by cy1010 View Post
    I'm mainly familiar with Polk and Dallas, but those two counties do deferreds on OWI(1st) all the time.
    Story I know is tough on 1st offenses, friend got an OWI an was not given one. Have not heard from anybody that was given a differed on 1st offense OWI. Although I have heard of it in Boone County




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    Re: OWI first offense

    Quote Originally Posted by cyclonestate View Post
    Sorry. There was no accident. She was pulled over for speeding and she blew over .08.
    Plead Guilty. Wish I would have when I got mine. It is not worth the money and time.



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    Re: OWI first offense

    Quote Originally Posted by cyclonestate View Post
    Sorry. There was no accident. She was pulled over for speeding and she blew over .08.
    If it was .08 I would definitely hire a lawyer. It not only shows that you care but also will be HUGE when negotiating with a lawyer. .08 is borderline= good leverage with a judge....




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    Re: OWI first offense

    I think it's kind of silly to say she should plead guilty because you wish you would have when you have no idea how similar your cases are.



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    Re: OWI first offense

    Quote Originally Posted by cyclonedave25 View Post
    Well, were you actually drunk? Did you fail the sobriety test? Did you blow over .08?
    If you answered yes to any of those questions, it'd be a waste of time and money to hire an attorny.
    Agreed. Actually, she might get a better deal not having an attorney. First offense penalties are well established... hiring an attorney just adds to the financial penalty.



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    Post Re: OWI first offense

    Quote Originally Posted by cyclonestate View Post
    Sorry. There was no accident. She was pulled over for speeding and she blew over .08.
    I would plead guilty and save the time and money.


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    Re: OWI first offense

    Quote Originally Posted by EYEoftheSTORM View Post
    Story I know is tough on 1st offenses, friend got an OWI an was not given one. Have not heard from anybody that was given a differed on 1st offense OWI. Although I have heard of it in Boone County
    Story tends to be tougher than Polk, for example, because they actually have enough resources to deal with the caseload. Polk gives a lot of diversions because they are swamped.

    If she tested below .15 (with no accident) then a deferred judgment is a possibility. There are many many factors that could have a bearing and they probably cannot be adequately addressed on this board. Even if not, she may be able to satisfy many of her sentencing requirements through a program like one offered by the McCartney Center (can serve jail time in a hotel setting while taking classes and getting substance abuse evaluation out of the way). It certainly would not hurt to speak with an attorney (and I am not saying that merely because i am one).



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    Re: OWI first offense

    Get a lawyer.



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