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Iowa OWI cases are brought pursuant to the Iowa OWI code. Iowa Code section 321J.2 prohibits an individual from operating a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. A separate (but related) offense is driving with a blood alcohol level (BAC or BAL) of .08% or greater.
Iowa OWI law requires that a defendant's guilt be proved beyond a reasonable doubt; if there is a reasonable doubt as to any of the elements of the prosecutor's case, the defendant in an Iowa drunk driving case is entitled to a verdict of "not guilty." Iowa OWI convictions cannot be obtained unless the prosecution proves, beyond a reasonable doubt, that the OWI arrestee:
- Operated a motor vehicle;
- While under the influence of alcohol or drugs; OR
- While having an alcohol concentration of .08 or greater.
Iowa OWI cases often hinge on precise legal definitions. "Operating" for purposes of Iowa OWI (drunk driving) law has been defined by the Iowa Supreme Court as: "the immediate, actual physical control over a motor vehicle that is in motion and/or has its engine running." Thus, sitting in a vehicle, even with the keys in the ignition, so long as the engine is not running, does not and cannot constitute "operating." This is an important point for anyone accused of drunk driving in Iowa. An essential element of an Iowa OWI charge is that the defendant be the operator of the vehicle. Otherwise, a drunk driving conviction is legally improper.
OWI convictions carry serious consequences, both with the court and the Iowa Motor Vehicles Division. It is important to remember that Iowa OWI arrests trigger two separate actions, and that an Iowa drunk driving defense lawyer will know how to handle the interrelationship between these two entities.
Iowa OWI convictions have the following consequences in criminal court:
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 First Offense:
Serious Misdemeanor: Punishable by up to 1 year in jail and/or a fine of up to $1,500.
Mandatory Minimum Penalty: 2 days in jail and a $1,250 fine plus 32% government surcharge of $400.
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Second Offense:
Aggravated Misdemeanor: Punishable by up to 2 years in prison and/or a fine of up to $5,000.
Mandatory Minimum Penalty: 7 days in jail and a fine of at least $1,850.
 Convictions and deferred judgments in the last 12 years in any state are counted as prior offenses. top
Third Offense:
Class D Felony: Punishable by up to 5 years in prison and/or a fine of up to $7,500.
Mandatory Minimum Penalty: 30 days in jail and a fine of $3,125
This is the highest level of OWI obtainable in the State of Iowa. All subsequent convictions after 3rd offense are counted as 3rd offenses. Iowa OWI arrests also trigger an administrative action where the driver's license may be suspended or revoked. It is very important that anyone arrested for OWI, or any drunk driving charge in Iowa, contact an Iowa OWI lawyer as soon as possible.
A skilled Iowa OWI attorney will know how to handle the administrative hearing to protect the driving privileges of anyone arrested for drinking and driving in Iowa. There are different administrative penalties, depending upon whether it is a first offense OWI, second offense OWI, or third offense OWI. Also, the penalties may change depending upon the blood alcohol level (BAL) or whether a chemical test was taken or refused. Administrative penalties for Iowa OWI arrests, separate and apart from any drunk driving conviction in criminal court, are as follows:
Administrative revocations for test failure - Breath test indicates BAC over .08.
First Offense Violations:
- 180 day revocation
- Eligible for temporary license immediately as long as there was not an accident causing personal injury or property damage and the chemical test results are under .15.
- Must wait 30 days for temporary license if the chemical test results are over .15 or an accident occurred.
- Must get an ignition interlock device installed if BAC is greater than .10 or an accident occurred in order to obtain a temporary license.
Ignition interlock devices must be put on all vehicles owned and operated by a person seeking a temporary license. Subsequent Offenses:
- 1 year revocation
- Not eligible for a temporary license for 1 year
- Must get ignition interlock device to obtain a temporary license
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Administrative revocations for test refusal
First Offense:
Subsequent Offenses:
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Revocation upon conviction if not revoked otherwise:
First Offense:
- 180 days
- Temporary license and ignition interlock restrictions and requirements are the same as if revoked administratively for both test failures and refusals
Subsequent Offenses:
- 2 years
- Same requirements and restrictions for temporary license and blow and go as if revoked administratively for both test failures and refusals.
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Revocations when a deferred judgment is entered
- Revocation for 30-90 days
- Requirements and restrictions for temporary license and ignition interlock device are the same as for an administrative revocation for a first offense.
Court Ordered Revocation in addition to previously mentioned administrative and court ordered revocations
Third and Subsequent Offenses:
Any level of offense causing personal injury
Any level of offense causing death
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Zero Tolerance revocations/Under 21 years of age
.02 to .08 Test Failure
- 60 days for first offense
- 90 days for subsequent offenses
Refusals
- 1 year for first offense
- 2 years for subsequent offenses
Never eligible for a temporary license under zero tolerance statute
Expungement in Iowa
Currently, there is no provision for the expungement of an OWI conviction from a criminal record in Iowa. If you have been arrested for operating while intoxicated (OWI) or other drunk driving charges, it is critical to consult with a qualified Iowa OWI attorney as soon as possible.
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