Iowa Code section 321J.2 defines the crime of OWI as someone operating a motor vehicle in Iowa under one or more of the following conditions:
- While under the influence of an alcoholic beverage or other drug or a combination of such substances,
- While having an alcohol concentration (BAC) of .08 or more,
- While any amount of a controlled substance is present in the person, as measured in the person’s blood or urine.
If a small amount of alcohol leaves a person intoxicated, he can be found guilty of this offense even if his BAC is less than the statutory 0.08. Also, if a person is not “intoxicated” but nonetheless has a BAC of .08 or more, then he can be found guilty as well. Most cases show both a level of intoxication and a BAC result exceeding 0.80.
Finally, if any concentration of an illegal drug is in a person’s system and they operate a motor vehicle, then they can be guilty of this crime.
Criminal Penalties
The penalties for OWI are high, and have been increasing periodically in Iowa.
Iowa’s OWI law carries a mandatory minimum penalty. If a defendant is convicted of the crime, the Court must impose a certain minimum jail time and fine.
A first offense OWI carries a mandatory minimum of two days in jail and a fine of $1,250.00. It is possible for the Court to authorize a 48-hour drinking drivers course in lieu of jail time. Also, if the defendant obtains a temporary restricted license the Court must cut the fine in half.
The maximum penalties are one year in jail and a fine of $1,875.00.
License Revocation
A driver who provided a breath test failure or refused a request for a bodily specimen during an OWI stop will likely face an Iowa Department of Transportation license or non-resident driving privilege revocation. Based on the BAC amount or refusal, the revocation can be from 180 days to one year in Iowa. For out-of-state residents, there may be additional license penalties from their home state.
In Iowa, the driver will be required to carry SR-22 (high risk) insurance on their vehicle for two years following the onset of the revocation. Depending on the level of the BAC, the driver may have to rent an ignition interlock device to install on their vehicle if they wish to obtain a work or school permit.
Deferred Judgments
Depending on the BAC, prior offenses, prior deferred judgments, property damage or personal injury, a deferred judgment may be available. A deferred judgment is often an excellent outcome for an OWI. The deferred judgment will allow a defendant to avoid jail time and avoid a conviction on their record.
Please consult with a criminal defense lawyer before making a decision regarding a deferred judgment. There are many factors that must be examined, certainly more than can be discussed in this article.
Subsequent OWIs
An OWI is an “enhanced penalty” offense. Meaning, that subsequent convictions for this crime carry increased penalties. For example, the minimum jail sentence for a second offense OWI is 7 days in jail. For a third offense OWI, the minimum jail sentence is 30 days, and the crime is considered a felony.
After Arrest
Upon arrest for a OWI, action must be taken immediately. The judge will usually order that a substance abuse evaluation be completed within ten to thirty days. The Iowa Department of Transportation will need to know within ten days if a driver wishes to contest the suspension of his license or non-resident operating privilege.
The court will set a preliminary hearing likely within a few weeks of a defendant’s arrest.
Due to the penalties that follow even a first offense OWI, each case must be carefully examined by an attorney practicing criminal law to determine that all legal resources are utilized for the defendant.
If the police failed to use proper procedure, a motion to suppress may be filed. An appeal hearing can be held with the IDOT to delay or dismiss any license revocation that may occur.
With any penalties that may have to be enforced, we can help a secure the minimum fine and minimum jail time.