Drunk Driving DUI Law

Iowa OWI / DWI cases are brought pursuant to the Iowa OWI / DWI code. Iowa Code section 321J.2 prohibits an individual from operating a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. A separate (but related) offense is driving with a blood alcohol level (BAC or BAL) of .08% or greater.

Iowa OWI / DWI law requires that a defendant’s guilt be proved beyond a reasonable doubt; if there is a reasonable doubt as to any of the elements of the prosecutor’s case, the defendant in an Iowa drunk driving case is entitled to a verdict of “not guilty.”

Iowa drunk driving cases often hinge on precise legal definitions. “Operating” for purposes of Iowa OWI / DWI (drunk driving) law has been defined by the Iowa Supreme Court as: “the immediate, actual physical control over a motor vehicle that is in motion and/or has its engine running.” Thus, sitting in a vehicle, even with the keys in the ignition, so long as the engine is not running, does not and cannot constitute “operating.”

Iowa OWI / DWI convictions have the following consequences in criminal court:

First Offense First Offense DUI/ DWI :

Serious Misdemeanor: Punishable by up to 1 year in jail and/or a fine of up to $1,500.

Mandatory Minimum Penalty: 2 days in jail and a $1,250 fine plus 32% government surcharge of $400.

Iowa OWI LAWSNote: you may be eligible for a deferred judgment if: you did not refuse the direct breath test at the station; your BAC was under .15; you have no prior conviction or deferred judgment for OWI / DWI; and there was no bodily injury to another person.

Second Offense Second Offense DUI/ DWI :

Aggravated Misdemeanor: Punishable by up to 2 years in prison and/or a fine of up to $5,000.

Mandatory Minimum Penalty: 7 days in jail and a fine of at least $1,850.

DUI convictions and deferred judgments in the last 12 years in any state are counted as prior offenses.

Third Offense Third Offense OWI / DWI:

Class D Felony: Punishable by up to 5 years in prison and/or a fine of up to $7,500.

Mandatory Minimum Penalty: 30 days in jail and a fine of $3,125

Iowa OWI LAWSThis is the highest level of OWI / DWI obtainable in the State of Iowa. All subsequent OWI / DWI convictions after the 3rd OWI / DWI offense are counted as 3rd OWI / DWI offenses.

Iowa OWI / DWI arrests also trigger an administrative action where the driver’s license may be suspended or revoked. It is very important that anyone arrested for OWI / DWI, or any drunk driving charge in Iowa, contact an Iowa OWI / DWI lawyer as soon as possible.

A skilled Iowa OWI / DWI attorney will know how to handle the administrative hearing to protect the driving privileges of anyone arrested for drinking and driving in Iowa. There are different administrative penalties, depending upon whether it is a first offense OWI / DWI, second offense OWI / DWI, or third offense OWI / DWI. Also, the penalties may change depending upon the blood alcohol level (BAL) or whether a chemical test was taken or refused. Administrative penalties for Iowa OWI / DWI arrests, separate and apart from any drunk driving conviction in criminal court, are as follows:

Administrative revocations for test failure – Breath test indicates BAC over .08.

First Offense Violations First Offense OWI / DWI Violations:

• 180 day revocation
• Eligible for temporary license immediately as long as there was not an accident causing personal injury or property damage and the chemical test results are under .15.
• Must wait 30 days for temporary license if the chemical test results are over .15 or an accident occurred.
• Must get an ignition interlock device installed if BAC is greater than .10 or an accident occurred in order to obtain a temporary license.

Iowa OWI LAWSIgnition interlock devices must be put on all vehicles owned and operated by a person seeking a temporary license.

Subsequent Offenses Subsequent OWI / DWI Offenses:

• 1 year revocation
• Not eligible for a temporary license for 1 year
• Must get ignition interlock device to obtain a temporary license

Administrative revocations for test refusal

Fist Offense First OWI / DWI Offense:

• 1 year revocation
• Must wait 90 days for temporary license and must install an ignition interlock device.

Subsequent Offenses Subsequent OWI / DWI Offenses:

• 2 year revocation
• Eligible for temporary license after 1 year, but must get ignition interlock device.

  When in need of a Iowa DUI lawyer visit the Iowa Drunk Driving Law Directory.

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