Find an Iowa DUI Lawyer to

Name: David A. Cmelik Law PLC
Address: 311 3rd Avenue Southeast, Cedar Rapids, IA, 52401, US
Telephone: 319-389-1889

Achieve the Best Possible Results for your DUI or Iowa criminal prosecution

EXPERIENCED IOWA DUI LAWYER BECAUSE OWI IS CRIMINAL LAW

If you're looking for a good criminal defense attorney to explore your best options in a Cedar Rapids, Iowa, DUI or criminal case, put us on your list. David Cmelik has over 22 years of criminal law experience involving over 5,000 Iowa state law criminal offenses ranging from simple assault to double homicide. David Cmelik's professional successes include Iowa jury acquittals in vehicular homicide, assault with a dangerous weapon, and OWI. He has obtained judgments of acquittal in jury trials for possession with intent to deliver and delivery of controlled substance. In addition, David has jury trial experience in first degree murder, armed bank robbery, and embezzlement. David attained his J.D. from the University of Iowa College of Law in 2001. He obtained his Bachelor of Arts from Iowa State University where he was also student body vice president and chairman of the student government senate. He and his family live in Cedar Rapids.

FIND AN IOWA DUI LAWYER WHO SPECIALIZES IN DRUNK DRIVING DEFENSE

This is not a general practice firm nor is it a split practice in any way. We do not divide our time among other practice areas.

FIND AN IOWA CRIMINAL LAWYER WHO COMMUNICATES

Criminal law in Iowa is a human endeavor, equal parts communication, empathy, expertise, and compassion. Connect directly with the namesake of the firm when you hire a criminal defense attorney. David A. Cmelik Law PLC will not pass your case off to an associate nor force you to wade through layers of gatekeepers.

FIND AN IOWA CRIMINAL LAWYER WHO CARES

After an arrest, loved ones and family members are often confused about the process. Defendants are also unpleasantly surprised that collateral consequences, things outside the criminal prosecution, can and do happen to them while a criminal case is ongoing. They can lose their job. They can lose their family. They can lose hope. What they can count on is an objective, professional Iowa attorney who will assess the value of their case. Call David A. Cmelik Law PLC at 319-389-1889 for a free initial consultation.

FIND AN IOWA CRIMINAL LAWYER WHO SPECIALIZES IN YOU

David A. Cmelik Law PLC handles only criminal matters ranging from simple misdemeanors to serious felonies in Iowa courts.

SEARCHING FOR BEST IOWA CRIMINAL LAWYERS? WE WANT TO BE ON YOUR LIST.

Though no one can claim to be the 'best' Iowa criminal lawyer, we know that you are searching for the best fit for your individual circumstances. The firm principal has over 21 years of experience with over 5,000 criminal defense cases completed.

DUI - Operating While Intoxicated and Operating While Impaired/Drugged in a Cedar Rapids or Iowa City OWI prosecution

Operating while intoxicated, or, OWI, Iowa's drunk driving law, is a criminal offense. It results in an arrest and presentation before the criminal magistrate. The prosecutor must craft an indictment that, if approved by the judge, will set events in motion toward a criminal jury trial. The criminal prohibition on drunk driving also includes operating a motor vehicle under the influence of any amount of a controlled substance or a combination of drugs and alcohol.

Serious Injury by Motor Vehicle (OWI) in a Cedar Rapids or Iowa City Criminal Prosecution

When someone drives a motor vehicle in violation of Iowa Code § 321J.2, Iowa’s Operating While Intoxicated (OWI) statute, or in a reckless manner “with a willful or wanton disregard for the safety of persons or property,” in violation of Iowa Code § 321.277, or by “eluding or attempting to elude a pursuing law enforcement vehicle,” and causes a serious injury he or she commits a Class “D” felony,

Domestic Abuse Assault

Domestic assault abuse is Iowa’s version of intimate partner violence. It does not require actual physical contact between intimate partners but can be enhanced by bodily injury, mental trauma, choking (impeding airflow/blood flow), intent to cause serious injury, and actual serious injury.

Domestic abuse assault requires, at a minimum, a 48 hour jail stay for simple and serious misdemeanor offenses, as well as what is typically a 24 week program of state-operated classes called Iowa Domestic Abuse Program (IDAP) formerly Batterer's Education Program (BEP)

Domestic assault requires an arrest in Iowa by state law. In other words, if officers on the front lines of a domestic disturbance investigation have sufficient evidence of probable cause to believe an assault has occurred based on the statutory framework defining domestic abuse, they must make an arrest or be themselves subject to sanction. This requirement is intended to change the culture of tolerance for domestic abuse.

The officers involved in the investigation must determine who is the “primary aggressor” and are statutorily exempted from making an arrest of a “secondary aggressor,” or, alleged victim who merely defends themselves.

Moreover, recent law changes require that a domestic abuse defendant be jailed to ensure that a judge impose and present a no-contact order for the protection of the alleged victim of the abuse.

Drug Possession

When someone possesses marijuana or other drugs in Iowa, they can be punished criminally. A first offense Possession of Marijuana case can result in a 48 hour jail sentence and a $315 fine.

Vehicular Homicide

Any unintentional death caused by operating while intoxicated (OWI) in violation of Iowa Code § 321J.2 is a Class “B” felony in Iowa punishable by an indeterminate prison sentence of 25 years.

Theft

Many people don't realize that more expensive, stolen items drive up the criminal classification, and, therefore, the range of penalties available to the court should a defendant be convicted.

Criminal Mischief

Like theft, criminal mischief, or, vandalism, in Iowa, is based on the value of the damage or repair to the item.