A charge for Operating While Intoxicated (OWI, also called Operating While under the Influence) is often someone’s first, and only criminal charge.
It’s an unsettling, jarring, experience, especially for someone who has never been previously arrested.
An experienced lawyer specializing in OWI and criminal defense can make the experience much less difficult, ensure your rights are protected, and help you receive the minimum possible penalty.
Criminal defense lawyer Mark Thompson has handled thousands of local criminal cases in Eastern Iowa, since 2004. At Thompson Law Office we are focused specifically on OWI/DUI/Operating While Intoxicated cases.
Call us today at 319-820-0444.
Iowa First Offense OWI Penalties
Under Iowa Law it is illegal to drive any motorized vehicle in the state with a blood-alcohol content exceeding .08, or while under the influence of alcohol, drugs, or a combination thereof.
Operating While Intoxicated, First Offense, carries a fine of $1250 and a minimum term of 2 days in jail. The maximum jail term is one year. All fines require a 15% criminal surcharge and court costs starting at $100. The fine can be reduced by 50% upon showing proof the driver has obtained a temporary restricted license (TRL). Some jurisdictions allow a 48-hour OWI Weekend Course in lieu of the minimum jail sentence.
A first breath test failure requires a 180-day license revocation. A first breath test refusal increases the revocation to 1 year. Most drivers are eligible for a Temporary Restricted License (TRL) during the revocation period.
To obtain the TRL, the Iowa Department of Transportation requires that the driver pay a $200 civil penalty, obtain SR-22 insurance, and show proof of installation of an ignition interlock device.
In order to obtain a full driver’s license following a revocation, the driver must do the following:
- Complete an approved drinking driver’s course
- Maintain SR-22 insurance for 2 years following the original revocation date
- Complete a substance abuse evaluation and any recommended treatment
- Pay the $200 civil penalty, if not already paid when obtaining the TRL
- Wait for the revocation period to end
Deferred Judgments
First-time Iowa OWI defendants may be able to keep the conviction off their criminal record with a Deferred Judgment. With a deferred judgment, a conviction is not entered, and the charge can be expunged from the court and criminal record if the defendant complies with a set of rules set forth in the judgment order.
Although the court can defer the judgment in some cases, the court cannot grant a deferred judgment if the defendant has previously been convicted of an OWI offense or if any of the following have occurred:
- the defendant’s blood alcohol concentration exceeded 0.15
- the defendant refused a chemical test, or
- the OWI offense resulted in bodily injury to a person other than the defendant.
Having handled thousands of cases, Thompson Law can help you determine what is the best course of action for you.
Get us on your side, in your fight and on your case. Call us today at 319-820-0444.