"How to Choose a DUI Lawyer in Iowa" is a must read. Check out my legal guide first before hiring any lawyer to defend your DUI in Iowa.
I focus primarily on defending those accused of possessing, delivering, cultivating or manufacturing marijuana and other narcotics. I also specialize in helping individuals recover property that has been unlawfully seized through civil forfeiture, which allows Iowa law enforcement agencies to profit from large amounts of cash, firearms, vehicles and other property taken from innocent persons. A significant part of my practice includes representing those charged with alcohol and drug-impaired offenses, ranging from public intoxication to OWI to vehicular homicide.
Over the past three years, my cannabis law practice has grown to include counseling Iowa growers and businesses by providing legal planning, regulatory support, corporate guidance and compliance strategies to help navigate the rapidly evolving hemp and CBD space.
Another practice area that continues to grow is the right to acquire, possess and carry in Iowa. I am a proud member of the USCCA, the premier concealed carry association in the United States, and strong advocate for the fundamental right to self defense.
As a trial attorney, I've tried dozens of misdemeanor and felony cases to a jury and obtained dismissals of more than 100 other drug and OWI charges, including driver's licenses revocations, through successful pre-trial motions.
I take a keen interest in developing and litigating issues in traffic stops and other search and seizure contexts to expand the rights of the accused. Most recently, my efforts to overturn a search warrant based on information gathered during warrantless nighttime trash rips led to a landmark Iowa Supreme Court decision in State v. Wright. The decision was the first to recognize the rejuventated trespass doctrine in Iowa. By finding an expectation of privacy in garbage, the Court overturned a police tactic responsible for untold numbers of convictions during the past four decades. The decision is based on Iowa Constitutional grounds under article 1, section 8.
As trial counsel in State v. Pals, 805 N.W.2d 767 (Iowa 2011), I challenged the voluntariness of a detained driver's consent to search his vehicle under the Iowa Constitution. The Pals decision is now one of the seminal cases on the issue of warrantless consent searches.
My knack for understanding and simply explaining complex scientific concepts such as infrared spectrophotometry in breath testing, headspace gas chromatography with flame ionization detection in blood and urine testing, statistical analysis and measurement uncertainty is well known throughout the defense bar. The same can be said for my work in exposing drug K9 "alerts" that were either false positives or otherwise cued by the handler. I am one of a few attorneys in the state who have successfully challenged a vehicle search based on these highly questionable "alerts."
I am twice published in the area of OWI defense. In 2014, I co-authored the first edition one of the few practice-specific treatises in the state, Iowa OWI Defense: The Law and Practice, published by Lawyers & Judges Publishing Company. I also wrote a chapter focusing on the use of indepedent forensic investigations, including crash data and blood alcohol analysis, in Defending DUI Vehicular Homicide Cases, 2013 ed. by Aspatore Books.
As an appellate lawyer, I have briefed and argued issues of constitutional and statutory importance before the Iowa Supreme Court and Iowa Court of Appeals. I recently won State v. Wright, 961 N.W.2d 396 (Iowa 2021), which ended the police tactic of searching garbage left at the curbside for collection without a warrant. In 2012, I also won Mitchell County v. Zimmerman, 810 N.W.2d 1 (Iowa 2012), in which a unanimous Iowa Supreme Court struck down a local road-protection ordinance as unconstitutional under the Free Exercise Clause of the First Amendment.
|Award name||Grantor||Date granted|
|Super Lawyers - Top Rated Criminal Defense Lawyer||Thomson Reuters||2021|
|Super Lawyers - Top Rated Criminal Defense Lawyer||Thomson Reuters||2020|
|Super Lawyers - Top Rated Criminal Defense Lawyer||Thomson Reuters||2019|
|Super Lawyers - Top Rated Criminal Defense Lawyer||Thomson Reuters||2018|
|Pharmacology of ETOH, Marijuana & Benzodiazepines - Certificate||The McShane Firm, LLC||2011|
|NHTSA SFST Practitioner Certificate of Completion (24 Hours)||Platt & Associates||2009|
|Certificate of Competency - BAC DataMaster||National Patent Analytical Systems, Inc.||2008|
|Forensic Blood & Urine Testing Certificate (28 Hours)||William C. Head / Headlines Marketing||2008|
|12th Annual DUI Seminar||NCDD/NACDL||2008|
|Honors Graduate||Drake Law School||1996|
|Research Editor||Drake Law Review||1995|
|Staff Member||Drake Law Review||1994|
|Associate||Gourley, Rehkemper & Lindholm, PLC||2018 - Present|
|Attorney||Colin Murphy, P.C.||2009 - 2014|
|Attorney||Private Practice||1998 - 2009|
|Legal Intern||Federal Public Defender of Iowa||1995 - 1996|
|Association name||Position name||Duration|
|Iowa NORML||Executive Director||2021 - Present|
|International Cannabis Bar Association||Member||2018 - Present|
|NORML Legal Committee||Member||2011 - Present|
|Iowa State Court Adminsitration||District 2A Judicial Nominating Commission||2014 - 2014|
|Iowa Association for Justice||Board of Governors||2009 - 2012|
|National College of DUI Defense||Member||2008 - 2014|
|Iowa Association for Justice||Legislative Committee||2008 - 2012|
|Iowa Association for Justice, Criminal Law Core Group||Member||2006 - 2012|
|Iowa State Bar Association, Criminal Law Section||Executive Committee||2005 - 2008|
|Blackstone American Inn of Court||Member||1996 - 1996|
|Lawyers & Judges Publishing Company||Iowa OWI Defense: The Law and Practice||2014|
|Defending DUI Vehicular Homicide Cases||Creating Reasonable Doubt Through Independent Forensic Investigation||2013|
|Colin Murphy, P.C.||How to Choose a DUI Lawyer in Iowa||2013|
|Colin Murphy, P.C.||Asleep at the Wheel - 25 Ways to Lose Winnable DUI Cases||2013|
|University of Michigan||Sports Performance Analytics - Certificate||2022|
|Drake Law School||J.D. with Honors||1996|
|Grinnell College||B.A. - Bachelor of Arts||1991|
|NORML Iowa State University Chapter Meeting||Iowa Marijuana Law Update||2021|
|Floyd County Spring Criminal Law Seminar||Applying the Jones/Jardines "Trespass First" Doctrine||2021|
|Criminal Law Seminar||The Legal Status of Hemp Extract (9/16/2021)||2021|
|March CLE||The Legal Status of Hemp Extract in Iowa||2020|
|57th Iowa Workers Compensation Symposium||Litigating the Intoxication Defense||2019|
|Iowa Association for Justice - Annual Workers' Compensation Seminar||The Intoxication Defense: Law & Science||2014|
|Iowa Association for Justice - Annual Criminal Law Seminar||OWI Roundtable||2013|
|Iowa Association for Justice - Annual Criminal Law Seminar||Unreasonable Sniff and Seizure||2013|
|Iowa Association for Justice - Annual Criminal Law Seminar||Curbing the "Infallible" Drug Dog||2012|
|Iowa State Public Defender - Criminal Law Seminar||Curbing the "Infallible" Drug Dog||2011|
|Iowa Association for Justice - Annual Criminal Law Seminar||Curbing the "Infallible" Drug Dog||2010|
|Iowa State Bar Association - Criminal Law Section||Forensic Blood Testing in OWI Cases||2009|
|Iowa Association of Justice - Annual Criminal Law Seminar||Forensic Blood Testing in OWI Cases||2009|
|Iowa Association for Justice Annual Convention||Understanding SFSTs for Civil Trial Lawyers||2009|
|Iowa State Bar Association||Recurring Suppression Issues in Drug Cases||2007|
|State v. M.G., Iowa District Court for Cedar County No. STA0051344||CDL Charge Dismissed|
|State v. D.S., Iowa District Court for Worth County No. STA0032133||CDL Charge Dismissed|
|State v. N.B., Iowa District Court for Cass County No. STA0043968||CDL Charge Dismissed|
|State v. L.D., Iowa District Court for Woodbury County No. SRCR112268||Drug Charges Dismissed|
|State v. C.D., Worth County No. STA0032549||CDL Charges Dismissed|
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