| Iowa OWI Law | | | | imposed above and beyond these minimum |
| In Iowa, operating a vehicle while intoxicated is a | | | | requirements are fines of up to $1,500 and jail time of |
| criminal offense. If you operate a vehicle while you are | | | | up to one year. Criminal charges for a second OWI |
| under the influence, and get stopped at a DUI | | | | offense in Iowa are filed as an aggravated |
| roadblock or as a result of your driving behavior, you | | | | misdemeanor. The mandatory minimum penalty for a |
| will be tested and arrested if the test results support | | | | second offense is 7 days in jail and a fine of no less |
| the charge that you are operating a vehicle while | | | | than $1,850. The penalties that may be imposed above |
| intoxicated. The charges you will face in criminal court | | | | and beyond these minimum requirements are a fine of |
| have the potential to give you a criminal record and | | | | up to $5,000 and up to two years in prison. Third |
| make your life difficult because of lost driving privileges | | | | offenses are filed as class D felonies. The mandatory |
| and the stigma of having committed a criminal offense. | | | | minimum penalties for a third offense are a fine of |
| OWI also results in administrative consequences that | | | | $3,125 and 30 days in jail. The actual penalties that |
| will reduce the number of driving privileges you have | | | | may be imposed are fines up to $7,500 and up to five |
| for a specific period of time. Because of the possibility | | | | years in prison. There are no more levels of offenses |
| that these consequences will make your life difficult for | | | | for OWI in Iowa. Fourth and subsequent offenses are |
| a very long time, contacting an Iowa DUI lawyer is one | | | | treated as third offenses. Because these penalties can |
| of the best ways possible to defend yourself against | | | | be severe, it is important that you have a qualified |
| an OWI in Iowa. A qualified Iowa DUI attorney can help | | | | Iowa DUI attorney on your side to present the best |
| you to gather information, use expert witnesses, and | | | | possible defense in your case. |
| present your case so you have the best chance of | | | | Administrative Penalties for Iowa OWI |
| prevailing. | | | | Administrative penalties are also imposed for OWI |
| An Iowa OWI Case | | | | offenses. These penalties have to due with the driving |
| In Iowa, the prosecution must prove beyond a | | | | privileges of an offender. For a first offense, the |
| reasonable doubt that the defendant was intoxicated | | | | license revocation period is one year. An offender is |
| and operating a motor vehicle. If any doubt is cast on | | | | eligible to get an immediate temporary license if their |
| the guilt of the defendant, then a verdict of "not guilty" | | | | blood alcohol content was not .15% or greater and no |
| must be entered. Prosecutors must show that the | | | | accident occurred at the time of the offense. If there |
| defendant operated a motor vehicle while under the | | | | was an accident or a chemical test result of .15% or |
| influence or while the defendant's blood alcohol level | | | | greater, then the offender must wait 30 days to be |
| was 0.08% or greater. OWI cases in Iowa are | | | | eligible for a temporary license. If the blood alcohol level |
| prosecuted under 321J.2 of the Iowa Code. Iowa is | | | | was .10% or greater or an accident occurred at the |
| one of the states where specific definitions are used | | | | time of the offense, an ignition interlock device must be |
| to make decisions in OWI cases. In Iowa, "operating" a | | | | installed on each vehicle owned and operated by the |
| vehicle means that the defendant must have been in | | | | offender. Subsequent OWI offenses result in license |
| the vehicle while it was in motion or while the engine | | | | revocation for one year with the offender not eligible |
| was running and the vehicle was parked or otherwise | | | | for a temporary license until one year has passed. |
| engaged. This is a very important distinction for Iowa | | | | Those seeking a temporary license must have an |
| drivers. This means that a driver could have the keys | | | | ignition interlock device installed on their vehicles. |
| in the ignition without the car being turned on. In this | | | | Test refusal also carries administrative penalties. A first |
| case, the driver would not be considered to be | | | | offense results in a one year revocation with the |
| operating the vehicle and could not be charged with an | | | | defendant not eligible for a temporary license for 90 |
| OWI offense. | | | | days. An ignition interlock device is also a requirement |
| Criminal Penalties for Iowa OWI | | | | for this temporary license. Second and subsequent |
| Iowa OWI offenses can result in many penalties if | | | | offenses result in a two year license revocation with |
| convicted of the criminal charges you were facing. | | | | the offender not being eligible for a temporary license |
| The penalties are designed to discourage convicted | | | | for a minimum of one year. An ignition interlock device |
| DUI offenders from committing further offenses. The | | | | must be installed for the offender to become eligible |
| penalties increase with the number of offenses an | | | | for this temporary license. Minimizing the impact of the |
| offender has been convicted of and the special | | | | penalties imposed on you as an OWI offender is one |
| circumstances involved in each individual OWI case. | | | | of the most important things you need to do if |
| For a first offense, criminal charges are filed as a | | | | convicted of an OWI. Having a skilled Iowa DUI lawyer |
| serious misdemeanor. The mandatory minimum penalty | | | | representing you can help you to have the best |
| for a first OWI offense is a $1,250 fine, surcharge of | | | | chance of prevailing in a court of law. |
| $400, and 48 hours in jail. The penalties that may be | | | | |