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Understanding an OWI Charge & What It Means for Your Future 

Robert Stahle • October 3, 2018
owi charges - Sioux City, IA - Criminal Defense Attorneys

No matter where you are, intoxicated driving is a serious offense. Each state has its own laws about how they approach drivers who operate their vehicles while under the influence of alcohol or other substances. Depending on which state you’re in, the terminology and the associated acronym will be different. For example, a handful of states exclusively use the term driving while intoxicated or DWI to describe the offense. Other states use different terminology or a combination.

In Iowa, such offenses are considered operating while intoxicated - or OWI. Here is a quick guide to what an OWI in Iowa is and how long it can affect your life if you’re caught operating a vehicle while intoxicated.

What Constitutes an OWI?

If an officer of the laws sees someone driving erratically or has reason to believe that the person behind the wheel is under the influence of alcohol or another substance, they will likely pull the person over to assess the situation and determine if a person is guilty of committing an OWI.

In Iowa, a person who is administered a breath test or submits a blood or urine sample and is found to have a blood alcohol content of .08% or more is considered to be guilty of operating a vehicle while intoxicated.

A person can also be charged with an OWI if they are found to be under the influence of any combination of alcohol and drugs or has any amount of a controlled substance present in their urine or blood. Note that in cases where drugs are involved, either on their own or in combination with alcohol, the amount of the substance present in the blood or urine sample has no bearing on the outcome of the conviction.

Understanding the Penalties of an OWI

The penalties for receiving an OWI increase with each offense. For example, a first offense OWI can result in a jail time ranging from 2 days to 1 year, along with fines and a license revocation period of 180 days. A second offense comes with the potential of 7 days to 2 years in jail, fines and a license revocation for a period of 1 year.

In cases where there has been 3 OWIs committed, the consequences are the most severe. If convicted of a third OWI, the driver is facing up to 5 years in jail, fines and a license revocation period of 6 years. This illustrates how being charged with an OWI can drastically impact your life, including remaining on your driving record for 12 years.

If You’re Facing OWI Charges

If you’ve been arrested for an OWI the first thing you need to do is contact an experienced OWI attorney. There are certain situations in which it might be possible to prove your innocence when facing criminal charges. An experienced attorney can also provide the best outcome no matter what the facts of the case. Contact Fitch & Stahle today for a free consultation and to learn how our team can help protect you in the face of OWI charges.

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.