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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 July 28, 2025
        Including Dram Shop Liability
        By Robert Stahle July 16, 2025
        How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.