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Iowa OWI and DUI Laws

Robert Stahle • January 13, 2020
A man is driving a car with his hands on the steering wheel

In the state of Iowa, driving while intoxicated is commonly referred to as operating under the influence (OWI), as opposed to DUI. A person commits the offense of an OWI when they are operating a motor vehicle while under the influence of an alcoholic beverage, another drug, or a combination of different substances. An OWI is a serious charge, and the penalties and sentences associated with a conviction depend on a number of factors, including amount of past convictions, the age of the driver, and the blood alcohol concentration.

At Fitch & Stahle Law Office , we have a team of trusted lawyers licensed to practice in both Iowa and Nebraska. We have experience in criminal defense cases, including OWI cases, and our team of lawyers will stand by your side and protect your rights throughout the trial process. Here is what you need to know about Iowa OWI and DUI laws.

What is Implied Consent?

The implied consent law in Iowa requires all drivers to submit to a breath, blood, and/or urine test if the police officer determines that there are reasonable grounds to believe that the driver was operating under the influence. Our DUI defense attorney will warn you that motorists who refuse these tests generally face a license revocation of one year. If the driver has a previous OWI convicted, the revocation increases to two years.

BAC Limits in Iowa

According to our OWI lawyer and Iowa state law, drivers may not possess an alcohol concentration of .08 or above while driving a motor vehicle. If you are driving a commercial vehicle, the BAC limit is .04. As is the case with most states, Iowa follows a zero tolerance policy for drivers under 21 who are operating a vehicle while under the influence. The BAC limit for these drivers is .02.

OWI Penalties and Sentencing in Iowa

The OWI penalties and sentencing in Iowa are dependent on the amount of prior convictions. No matter your number of convictions, it is important that you contact a drunk driving attorney.

First Conviction

The first OWI offense is classified as a serious misdemeanor and is punishable by a minimum period of imprisonment of 48 hours, not to exceed one year. Also, there may be a fine of up to $1,250.

Second Conviction

The second OWI conviction is classified as an aggravated misdemeanor. The punishment is a minimum of seven days in prison, not to exceed two years. The driver also has to pay a minimum fine of $1,875 and a maximum fine of $6,250.

Third Conviction

Third and subsequent OWI convictions are class D felonies in Iowa. This is punishable bya maximum of five years in prison with a mandatory minimum of 30 days.

Additional Penalties

In addition to the prison time and fines, drivers convicted of an OWI may face license revocations, depending on how many prior convictions they have. Additionally, they are sentenced to probation, required to complete treatment, and in some cases, their vehicle is impounded.

Iowa DWI Attorney

If you have been convicted, an OWI attorney can help reduce your sentence or get the charges dropped entirely. Fitch & Stahle Law Office has gained a reputation of being the best criminal lawyers in Siouxland and surrounding Sioux City area. Robert Stahle and Thomas Fitch will fight for your rights when you have been convicted of an OWI.

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.