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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 September 5, 2025
Why You Need a Personal Injury Lawyer
By Robert Stahle August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.