In Iowa, OWI – Second Offense is an aggravated misdemeanor, with more severe consequences.
To be enhanced to a second offense, a prior conviction or plea of guilty to OWI or a similar offense in another state, must have occurred within the last 12 years from the date of the new offense. Any OWI convictions or deferred judgments within that time period, and out-of-state convictions also count under Iowa look-back law.
The severity of Second Offense OWI charges vary depending on whether the case involves chemical breath tests, blood or urine, or a test refusal.
An experienced lawyer specializing in OWI and criminal defense is necessary to avoid the most serious consequences.
Iowa Second Offense OWI Penalties
In the Iowa, OWI Second Offense penalties can include:
- Incarceration: The law mandates a minimum sentence of 7 days in county jail. The 7-day sentence is a minimum mandatory penalty, meaning that a judge can’t suspend this requirement. The maximum jail sentence is up 1 year in jail or a prison term not to exceed 2 years.
- Fines: The minimum fine is $1,875; Maximum fine is $8,540.
- Driving Privilege Revocation: The Iowa Department of Transportation will issue a revocation based on either the test failure or refusal. In the rare case were no administrative revocation is imposed, the Court can impose a revocation of up to two years.
- Substance Abuse Evaluation: The Court will order the defendant to complete a substance abuse evaluation and any treatment classes recommended by the evaluator.
- Drinking Drivers Class: The Court and Iowa DOT will require the driver to complete a course for drinking drivers.
A Serious Charge that Requires a Serious Defense
Whether your case involves a chemical test of your breath, blood or urine, or a refusal to submit to the test, we will fight for your rights, and the best possible outcome for your future.
Call us today at 319-820-0444.