Understanding OWI in Iowa

In Iowa, the term “Operating While Intoxicated” (OWI) is used instead of “Driving Under the Influence” (DUI). Under Iowa Code §321J.2, an individual commits an OWI if they operate a motor vehicle in any of the following conditions:

• Blood Alcohol Concentration (BAC) of 0.08% or higher: This is the standard per se limit, meaning that operating a vehicle with a BAC at or above this level is illegal, regardless of actual impairment.
• Under the influence of alcohol or drugs: Even if your BAC is below 0.08%, you can be charged if impaired by alcohol, drugs, or a combination thereof.
• Any amount of a controlled substance: Operating a vehicle with any detectable amount of a controlled substance in your system is prohibited.

Penalties for OWI Offenses

Penalties for OWI convictions in Iowa escalate with each subsequent offense and can include fines, imprisonment, and license revocation.

First Offense (Serious Misdemeanor):

• Incarceration: A minimum of 48 hours up to one year in jail.
• Fines: A fine of $1,250, with the possibility of waiving up to $625 if no personal or property damage occurred and a temporary restricted license is obtained.
• License Revocation: 180 days to one year, depending on BAC levels and test refusal.
• Additional Requirements: Mandatory substance abuse evaluation and completion of a drinking drivers course.

Second Offense (Aggravated Misdemeanor):

• Incarceration: A minimum of seven days up to two years.
• Fines: Between $1,875 and $6,250.
• License Revocation: One year, with eligibility for a temporary restricted license after 90 days, contingent upon the installation of an ignition interlock device.
• Additional Requirements: Substance abuse evaluation and treatment programs.

Third or Subsequent Offense (Class D Felony):

• Incarceration: A minimum of 30 days up to five years.
• Fines: Between $3,125 and $9,375.
• License Revocation: Six years, with potential eligibility for a temporary restricted license after one year, requiring an ignition interlock device.
• Additional Requirements: Mandatory substance abuse treatment and possible vehicle impoundment.

It’s important to note that Iowa employs a 12-year “look-back” period to determine prior offenses, meaning any OWI convictions within the past 12 years are considered when assessing penalties for subsequent offenses.

Administrative Penalties and Implied Consent Law

Iowa’s Implied Consent Law stipulates that by operating a vehicle, drivers consent to chemical testing (breath, blood, or urine) if suspected of OWI. Refusal to submit to testing results in automatic license revocation:

• First Refusal: One-year revocation.
• Second or Subsequent Refusal: Two-year revocation.

These administrative penalties are separate from criminal charges and can be imposed even if the OWI charge is ultimately dismissed.

Deferred Judgment

For first-time offenders, Iowa law may offer a deferred judgment, which allows the court to withhold a formal conviction if the defendant complies with specific probationary conditions. Eligibility for deferred judgment is subject to certain criteria, including:

• No prior OWI convictions or deferred judgments.
• BAC below 0.15%.
• No refusal of chemical testing.
• No bodily injury resulted from the offense.

Successful completion of probation terms can lead to dismissal of the charge and expungement from the individual’s record.

Defense Strategies

Mounting a robust defense against an OWI charge involves examining various aspects of the arrest and evidence collection process. Potential defense strategies include:

• Challenging the Traffic Stop: Questioning whether the officer had reasonable suspicion to initiate the stop.
• Questioning Field Sobriety Tests: Assessing the administration and accuracy of field sobriety tests, which can be subjective and influenced by various factors.
• Evaluating Chemical Test Procedures: Investigating whether breathalyzer or other chemical tests were properly administered and calibrated.
• Medical Conditions: Identifying medical conditions that could affect test results or mimic signs of intoxication.
• Violation of Rights: Determining if the defendant’s constitutional rights were violated during the arrest or investigation process.

An experienced OWI attorney can analyze the specifics of the case to develop an effective defense strategy tailored to the individual’s circumstances.

Consequences Beyond Legal Penalties

An OWI conviction in Iowa carries consequences beyond fines and imprisonment, including:

• Employment Challenges: A criminal record can hinder job prospects, particularly in fields requiring driving or professional licenses.
• Insurance Rate Increases: Convictions often lead to higher auto insurance premiums.
• Educational Opportunities: Some educational institutions may deny admission or revoke scholarships based on criminal records.

If you’re facing an OWI charge in Iowa, you don’t have to go through it alone. The legal consequences can be severe, but with the right defense strategy, you can protect your rights and work toward the best possible outcome. Contact Checketts Law, PLC today at 888.686.6211 for a free consultation. Our experienced criminal defense professionals will review your case, explain your options, and fight to safeguard your future. Call 888.686.6211 or fill out our online form to get started now. Your future is worth defending!