Possession of Marijuana

Serious Misdemeanor
No minimum jail sentence
Maximum of 6 months in jail
Minimum fine $315
Maximum fine $1,000
35% surcharge on all fines imposed
Court costs
Loss of driving privileges for 180 days
You must obtain a substance abuse evaluation
Stop using. The court may order you to drop a UA.
Disqualified from receiving federal financial aid for 1 year.
If deferred judgment, your DL will not be suspended.
If not deferred judgment, your DL will be suspended.
If DL suspended, may obtain a Temporary Restricted License.

ADVICE

Call Des Moines, Iowa Criminal Defense Attorney Patrick L. Wilson at 515-216-4420. When questioned by the police, always exercise your right to remain silent and request an attorney.

Marijuana 2nd Offense

In order to secure a conviction for 2nd offense, the State must establish that at the time of your first offense conviction, you were represented by an attorney or you voluntarily waived your right to have an attorney.
Serious Misdemeanor
No minimum jail sentence
Maximum of 1 year in jail
Minimum fine of $315
Maximum fine of $1,850.00
35% surcharge on all fines imposed
Court costs
Loss of driving privileges for 180 days.
May be able to obtain a temporary restricted license.
Must obtain a substance abuse evaluation.
Stop using. The court may order you to drop.
Not eligible to receive a deferred judgment.
Disqualified indefinitely from receiving federal financial aid.

ADVICE

Call Des Moines, Iowa Criminal Defense Attorney Patrick L. Wilson at 515-822-0203. When questioned by the police, always exercise your right to remain silent and request an attorney.

Marijuana 3rd Offense

In order to secure a conviction for 3rd offense, the State must establish that at the time of your first and second offense convictions, you were represented by an attorney or you voluntarily waived your right to have an attorney.
Aggravated Misdemeanor
No minimum jail sentence
Maximum of 2 years in prison.
Minimum fine of $625
Maximum fine of $6,250
35% surcharge on all fines imposed
Court costs
Loss of driving privileges for 180 days.
May be able to obtain a temporary restricted license.
Must obtain a substance abuse evaluation.
Stop using. The court may order you to drop.
Not eligible to receive a deferred judgment.
Disqualified indefinitely from receiving federal financial aid.

ADVICE

Call Des Moines, Iowa Criminal Defense Attorney Patrick L. Wilson at 515-216-4420. When questioned by the police, always exercise your right to remain silent and request an attorney.

Drunk Driving Defined

“OWI” stands for “Operating While Intoxicated”. You will often hear the terms DUI, DWI, DWUI – all relate to the same criminal charge of operating a motor vehicle while under the influence. The influence can be alcohol, marijuana or any drug that might impair your faculties.

Iowa Code 321J.2 – OWI Crime
A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions:
a. While under the influence of an alcoholic beverage or other drug or a combination of such substances.
b. While having an alcohol concentration of .08 or more.
c. While any amount of a controlled substance is present in the person, as measured in the person’s blood or urine.

ADVICE

Do not talk to the police. If you are being questioned, exercise your right to remain silent and request an attorney.