Iowa DUI Law & Lawyers: DUI-Web

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An Iowa OWI arrest triggers two separate cases. The first case is the criminal case in which you are subject to various criminal penalties including fines, mandatory alcohol rehabilitation classes and even jail time. The second case is with the Iowa Motor Vehicle Division and the sole issue with this cae is your privilege to drive. Since these two cases are seperate and independent of each other, it is quite possible to have the criminal charges reduced or even attain an acquittal and still have your license suspended through the administrative case.

Iowa OWI law prohibits anyone from operating a motor vehicle under the influence of alcohol, drugs or a combination of both. The criminal case requires the state prove three separate elements beyond a reasonable doubt. These elements include (1) operating a motor vehicle; (2) while under the influence of alcohol and/or drugs; or (3) having an alcohol concentration of .08% or greater. The administrative case against the Iowa Motor Vehicle Division has a lesser burden of proof and is an entirely separate case from the criminal case.

The Iowa OWI arrest triggers an administrative action in which your privilege to drive is in jeopardy. The consequences of the administrative action are dependent upon the number of alcohol contacts (OWI arrests) you have had and whether or not you submitted to a chemical test.

REFUSAL

If the OWI was your first offense your license will be suspended for 180 days, but you will be eligible for a temporary license immediately as long as there were no accidents causing personal injury or property damage and the chemical test results were under .15%. You must wait 30 days for a temporary license if the chemical test results were .15% or above or there was an accident involved. You must also install an ignition interlock device in your car if your chemical test results were greater than .10% or an accident occurred.

If the OWI arrest was not your first, your license will be suspended for one year. You must obtain an ignition interlock device to be eligible for a temporary license.

If the arrest was your first OWI and you refused to submit to a chemical test, the state will revoke your license for one year and you must wait 90 days for a temporary license. In addition, you must install an ignition interlock device in your car to be eligible for a temporary license.

If this was not your first OWI arrest and you refused to submit to a chemical test your license will be revoked for two years. You may be eligible for temporary license after the first year but you must install an ignition interlock device.

IOWA OWI CRIMINAL PUNISHMENTS

As with any criminal punishment a lot of deference is given to the judge with respect to sentencing, however, Iowa does employ certain mandatory minimum penalties. In addition, certain factors may enhance the punishments available, including whether your BAC was over .15% or if there were any accidents or injuries involved.

A first-time OWI in Iowa is punishable by up to one year in jail and/or a fine of up to $1500. The mandatory minimum penalty is two days in jail and $1000 fine plus a $300 government surcharge.

The second offense is considered an aggravated misdemeanor and is punishable by up to two years in prison and/or a fine of up to $5,000. The mandatory minimum penalty is seven days in jail and a fine of at least $1500.

The third offense is considered a Class D felony, which is punishable by up to five years in prison and or a fine of up to $7,500. The mandatory minimum penalty for the third offense is 30 days in jail and a fine of $2500.