Iowa OWI and DUI Laws

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.