My question involves criminal law for the state of: Iowa
My boyfriend was picked up for OWI Saturday night. We left the bar and turned onto a fairly busy street. Within seconds, the patrol lights were on and we pulled over. Total distance travelled was .4 miles. The police officer informed us he “paced him going 7 mph over the posted speed limit” The police officer called for 2 backups and also had his wife w/him in the patrol car. When backup arrived, they performed the field sobriety tests, which my boyfriend said he “passed” (unsure what this is based on). They then continued with the BAC which came in at .169 and he was placed under arrest. He was not given a speeding ticket. My boyfriend was cooperative throughout.
He has talked to an attorney and wants to try to fight this. In Iowa, it is my understanding that if you blow over the limit, you are already in trouble with the DOT and will lose your license for 6 months, regardless of what is decided at the criminal case. Him blowing the .169 is proof enough for the DOT of his guilt, regardless of whether he “gets off” with a technicality on the criminal side. The attorney he spoke to did not tell him this and he is under the impression that he can possibly get off both the criminal charges and the DOT (that if you get off on the criminal, you also get off with the DOT).
Is this true?
I would prefer he face the charge as he was guilty (you can’t deny blowing a .169) but we both question whether the officer had the right to pull him over, and also whether it even matters with regard to him already losing his license.