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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 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.