Caught Driving Drunk When Pulled Over for a Legal Window Tint

[danielvalencia42]

My question involves criminal law for the state of: I got pulled over for tinted windows (back and rear windows are 5% and front windows are 35% which is more than the legal percentage in IA) as of result of that I got an OWI. The officer didnt check the percentage of the front windows and the fact that it was a night it made the windows seem really dark. I have court in a couple of weeks but I want to know if I can plead not guilty because the reason I got pulled over was not legitimate. I had the legal percentage of tint on my windows and the officer messed up because he didnt check. If I plead not guilty because of the officer's mistake, will the judge take the OWI away and give me back my license? What can I do??? this is my first OWI and I don't know what to do. Need help

[flyingron]

If he had reasonable suspicion the tint was illegal, so was the stop. You don't actually have to be guilty of what they stop you for, only that the suspicion was justified.
Nothing requires him to even investigate the equipment violation if he discovers you were intoxicated during the stop.

Your best chance would be to get a lawyer to see if he can poke holes in the reasonableness of the stop, but I'm not optimistic based solely on what was said here.

[CACurious]

I know in California if the tint on your front windows is darker than 95% it's illegal. That might apply to your state as well.

5% or Limo tint in the back is fine, but anything greater than 95% is illegal in front. I know because I got pulled over in San Diego for having 35% on my front windows as well. The officer was kind enough to let me off with a warning, but told me to fix it.