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Understanding Iowa Drunk Driving Laws

Robert Stahle • June 8, 2023
One glass of alcohol  and key with wooden Gavel and Block

Drunk driving is a grave offense that puts you and other people in danger. Like other states, Iowa has specific laws and penalties for anyone charged with driving under the influence (DUI). Read on to learn about Iowa DUI laws:

What Are the DUI/OWI Laws in Iowa?

In Iowa, a DUI is legally known as operating while intoxicated (OWI). Here, “operating” means to have immediate, physical control of a vehicle. So, you may still be convicted of a DUI by simply sitting in a car with its engine on. Besides that, you are considered operating while intoxicated when:

  • You are operating a motor vehicle under the influence of alcohol, drugs, or other controlled substances.
    • You are over 21 and have a blood alcohol level (BAC) of 0.8 or more.
      • You are under 21 and have a BAC level of 0.2 or higher.
        • You are a commercial driver with a BAC level of 0.4 or more.
        Based on the implied consent law, those convicted of OWI must submit a breath, blood, or urine test to determine their BAC levels. To better understand this process, it will help to have a DUI & OWI lawyer in Iowa guide you.

        What Are the Penalties for DUI/OWI in Iowa?

        The penalties for drunk driving in Iowa depend on whether you are a first-time offender or have already been charged with previous offenses. Here’s what you need to know:

        • First Offense - This is subject to imprisonment of a minimum of 48 hours up to one year and may include a fine of up to $1,250. First offenders will also have their license revoked for 180 days up to a year.
        • Second Offense - Based on Iowa OWI laws, a second conviction is classified as an aggravated misdemeanor. It includes jail time from 7 days to 2 years, a maximum fine of $6,250, and license revocation of up to 2 years.
        • Third or Subsequent Offense - This is a class D felony subject to a maximum of 5 years in prison. Plus, those convicted may face fines ranging from $3,225 to $9,375, and up to 6 years of license revocation.

        Contact a Reliable Iowa Lawyer

        Learning about Iowa DUI laws is helpful if you, a close friend, or a family member gets involved in a drunk driving case. If you need help with DUI/OWI charges, consult an experienced lawyer immediately. Contact us at Fitch & Stahle Law Office in Iowa for a free consultation.




        By Robert Stahle October 30, 2025
        A Guide for Grieving Families
        By Robert Stahle October 22, 2025
        A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.