Operating While Intoxicated (OWI/DUI) in Iowa has lasting impacts and consequences long after an individual’s final court date.
The State of Iowa considers any prior drunk driving offenses within 12 years when determining if the present charge is a second, third, or subsequent offense.
The Iowa Department of Transportation reviews prior test failures and refusals, and .02/zero tolerance violations to determine the revocation period.
It is essential all drivers in Iowa know the serious risks, penalties and consequences of Operating While Intoxicated.
Criminal Penalties for Operating While Intoxicated
FIRST OFFENSE
| Incarceration | Fine | |
|---|---|---|
| Mandatory Minimum | 2 days jail | $1,250 |
| Maximum | 1 year jail | $1,250 |
SECOND OFFENSE
| Incarceration | Fine | |
|---|---|---|
| Mandatory Minimum | 7 days | $1,875 |
| Maximum | 2 years in prison, or 1 year jail | $8,540 |
THIRD OFFENSE
| Incarceration | Fine | |
|---|---|---|
| Mandatory Minimum | 30 days | $3,125 |
| Maximum | 5 years in prison | $9,375 |
| Other | This charge is a D-level felony, and requires a 6 year license revocation from the date of conviction. | |
All court fines require a 15% criminal penalty surcharge, and payment of court costs. All charges require completion of a substance abuse evaluation and any recommended treatment.
Driver’s License Consequences
FIRST TEST FAILURE
180-day license revocation
FIRST BREATH TEST REFUSAL
1-year license revocation
SECOND OR SUBSEQUENT TEST FAILURE
1-year license revocation
SECOND OR SUBSEQUENT TEST REFUSAL
2-year license revocation
Drivers must pay a $200 civil penalty, complete a drinking driver’s course, complete a substance abuse evaluation and any recommended treatment, maintain SR-22 insurance in order to have their driving full privileges restored. SR-22 insurance must be maintained for 2 years following the date of revocation. Second or subsequent failures or refusals require installation of an ignition interlock device for one complete year, regardless if this period overlaps with obtaining a temporary restricted license (TRL).
Drivers are eligible for a TRL during the revocation period if they do the following: pay the $200 civil penalty, maintain SR-22 insurance, and provide proof of installation of an ignition interlock device on any car registered in their name or they plan to drive. The above-listed classes are not required in order to obtain a TRL.
OWI First Offense
SERIOUS MISDEMEANOR
Under Iowa Law, First Offense OWI brings a maximum 1-year jail sentence. This penalty will be reduced to $625 if the driver obtains a temporary restricted license (TRL). The minimum jail sentence is two days. Most jurisdictions (including Johnson and Linn Counties) allow a 48-hour OWI Weekend Program in lieu of the mandatory jail sentence.
A First Offense OWI can qualify for a deferred judgment when certain statutory parameters have been met that include not refusing any breath or urine sample requests, any alcohol result does not exceed .150 (regardless of margin for error), there is no bodily injury to a third party, and several other factors in deferred judgments.
A deferred judgment includes no jail sentence, generally a fine of $625, and depending on the jurisdiction, completion of a Drinking Driver’s course. Successful completion of deferred judgment probation results in the criminal record being expunged and no conviction being entered on a driver’s record. This is only available for First Offense OWI.
MISDEMEANOR CONVICTIONS
Misdemeanor convictions do not pose the serious long-term consequences felony convictions do, but they do have substantial negative impacts on a person’s life. They show up in final reports of employer background checks, security checks and child care center licensing requests.
OWI Second Offense
AGGRAVATED MISDEMEANOR
Iowa OWI Second Offense carries a maximum 2-year prison sentence, a maximum fine of $8,540, a mandatory minimum jail sentence of 7 days and a fine of $1,875. A Substance Abuse Evaluation, a Drinking Drivers course and restitution (if any) also apply.
Convictions or deferred judgments with in the last 12 years in any state are counted as prior offenses.
MISDEMEANOR CONVICTIONS
Though not as serious and life-altering as felony convictions, misdemeanor convictions negatively impact convicted offenders’ careers. Like Serious Misdemeanors, Aggravated Misdemeanor convictions appear on every employer background, childcare employment application and security clearance check and can cost offenders numerous professional, community and volunteer opportunities.
OWI Third and Subsequent Offense
CLASS D FELONY
Third Offense OWI mandates maximum imprisonment of up to 5 years and a fine of $9,375. The mandatory minimum penalty is 30 days jail time and a $3,125 fine. An OWI Third Offense conviction requires a 6-year license revocation regardless of any administrative license sanctions from the initial traffic stop.
FELONY CONVICTIONS
A felony is Iowa’s most serious crime designation. Iowa’s felony degrees range from A, B, C and D. A Class A Felony is Iowa’s most serious felony, but every felony conviction in Iowa is punishable by a potential prison term of at least 5 years.
EFFECTS OF FELONY CONVICTIONS
Felony convictions have immense impacts on an offender’s life including immediate long prison sentence. They live on someone’s record forever. Some felony criminal convictions bring the loss of American liberties such as the right to vote and own and carry firearms. These rights will not be restored until a felony conviction has been completed.
How to Obtain a Full Driver’s License Following a License Revocation
In order to receive a full Iowa driver’s license following an OWI conviction or deferred judgment, or any administrative license revocation requires work. The driver must do the following:
- Maintain SR-22 (high risk insurance) for a period until 2 years following the date of revocation.
- Pay a $200 civil penalty directly to the Iowa Department of Transportation (IDOT).
- Complete the substance abuse evaluation and any recommended treatment, and file proof with the IDOT.
- Complete an approved drinking driver’s course.
- Wait for the revocation period to end.
In order to obtain a TRL during the revocation period the driver must complete steps 1-2 listed above, and obtain proof of installation of an ignition interlock device for any vehicle registered in the driver’s name or the driver intends to drive.
An experienced lawyer specializing in OWI and criminal defense can make the experience much less difficult, ensure your rights are protected, and that you receive the minimum possible penalty.