McCarthy & Hamrock, P.C.



 
 

West Des Moines Iowa DUI Lawyers McCarthy & Hamrock, P.C.
Timothy McCarthy II
Aaron D. Hamrock

CALL NOW FOR A FREE CASE EVALUATION

(515) 279-9700

West Des Moines Iowa DUI Lawyer

McCarthy & Hamrock, P.C.
Timothy McCarthy II
Aaron Hamrock

1200 Valley West Dr. Suite 400
West Des Moines, IA 50266

When it comes to criminal law cases, an experienced and effective criminal defense attorney can mean the difference between a prison sentence and reduced or dismissed charges.

If you have been accused or convicted of a crime, you need to obtain an attorney to ensure your rights are protected. You need and deserve an attorney who will look out for your best interest and who understands the affects a criminal charge can have on your personal, professional and financial life.

At McCarthy & Hamrock, P.C. you can expect the most competent, experienced and effective attorneys available. With over 35 years of combined experience, McCarthy & Hamrock, P.C. has earned that reputation.

If you have been charged with a crime, please contact us today at (888) 277-2024 for a free consultation. We will work tirelessly to ensure the best possible outcome for your case and keep you well-informed every step of the way.

Timothy McCarthy II

Timothy McCarthy II has been an attorney for over 25 years, with a focus in criminal defense.

Practice Areas

  • Criminal Law
  • Federal Criminal Law

 

Admitted

  • 1983, Iowa
  • 1986, U.S. District Court, Northern and Southern Districts of Iowa
  • 1987, U.S. Court of Appeals
  • Eighth Circuit
  • 1996 U.S. Supreme Court

 

Education

  • Drake University, J.D., 1983
  • Drake University, B.A., 1980
  • University of Kansas, 1976-1979

 

Member

  • Polk County, Iowa State and American Bar Associations
  • National Association of Criminal Defense Lawyer
  • NORML Legal Committee
  • Iowa Association of Criminal Defense Lawyers

 

Biography

  • Phi Alpha Delta
  • Former Faculty Member Drake University Law School Trial Advocacy Institute
  • Speaker at Criminal Law Seminars

 

Aaron Hamrock

Aaron Hamrock has been an attorney for over 14 years. He has focused primarily on criminal law but also handles personal injury cases.

Practice Areas

  • Criminal Law
  • Federal Criminal Law

 

Admitted

  • 1995, Iowa
  • U.S. District Court, Northern and Southern Districts of Iowa and Iowa Supreme Court
  • 2000, U.S. Court of Appeals
  • Eighth Circuit

 

Education

  • Drake University, J.D., 1994
  • Central College, B.A., 1992

 

Member

  • Polk County and American (Member, Litigation Section) Bar Associations
  • Iowa Trial Lawyers Association
  • NORML Legal Committee
  • National Association of Criminal Defense
  • Lawyers (NACDL)
    • Iowa State Bar Association
    • Iowa Association for Justice
    • National College for DUI Defense

     


    Iowa DUI Law Highlights: BAC Levels and Implied Consent (Table 1)

    State
    "Per Se" BAC Level
    "Zero Tolerance" BAC Level
    Enhanced Penalty BAC Level
    "Implied Consent" Law
    Iowa
    .08
    .02
    .15
    Yes

    DEFINITIONS:
    "Per Se" Blood Alcohol Concentration (BAC) Level
    As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.

    "Zero Tolerance" Blood Alcohol Concentration (BAC) Level
    All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.

    "Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
    Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.

    "Implied Consent" Laws
    "Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.

     

    Iowa DUI Law Highlights: Selected Penalties (Table 2)

     
    State
    Administrative License Suspension/Revocation (1st/2nd/3rd Offense)
    Mandatory Alcohol Education and Treatment/Assessment
    Vehicle Confiscation Possible?
    Ignition Interlock Device Possible?
    Iowa
    180d/ 1y/ 2y
    Education
    No
    Yes

    Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.

    DEFINITIONS:
    Administrative License Suspension/Revocation
    The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.

    Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.

    Mandatory Alcohol Education and Assessment/Treatment
    Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.

    Vehicle Confiscation
    Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offenders vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.

    Ignition Interlock
    A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.

     

     

     


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