In Iowa, the official term for driving under the influence (DUI) is "operating while intoxicated" (OWI). This article covers how Iowa law defines OWI and the penalties you'll face for a first, second, and third OWI conviction.
OWI is defined as operating a motor vehicle:
Operating a vehicle. For purposes of Iowa's OWI law, "operate" is defined as the "immediate, actual physical control" of a vehicle that's in motion and/or the engine is running. Under that definition, a person can be convicted of OWI without actually driving a vehicle.
Under the influence. Driving with a BAC of .08% or more or any amount of a controlled substance in your body is a "per se" OWI violation. However, a driver can also be convicted of OWI based on being actually "under the influence" (impaired). Factors that may lead a judge or jury to conclude a driver was under the influence include:
But the facts of each case are different. So other factors can also be considered by the judge or jurors.
An OWI arrest typically leads to administrative (license-related) penalties. And if the offender is subsequently convicted of OWI in court, there will also be criminal penalties on top of the administrative consequences.
Iowa imposes mandatory minimum sentences for OWI convictions. The penalties increase depending on whether the driver has prior OWI convictions. The chart below details the minimum and maximum penalties for a first, second, and third OWI in Iowa.
|
Jail |
48 hours to 1 year |
7 days to 2 years |
30 days to 5 years |
|
Fines |
$625 to $1,250 |
$1,875 to $6,250 |
$3,125 to $9,375 |
|
License Revocation |
180 days (if submitted to chemical testing and no previous OWI convictions or revocations) to 1 year (if refuse chemical testing and no previous OWI convictions or revocations) |
1 year (if submitted to chemical testing and previous OWI convictions or revocations) to 2 years (if refuse chemical testing and previous OWI convictions or revocations) |
6 years |
|
If seeking a temporary restrictive license (TRL), IID must be installed for the period of time the TRL is issued |
1 year (reduced by any period of time that a TRL was held) |
1 year (reduced by any period of time that a TRL was held) |
All offenders convicted of OWI must complete a substance abuse evaluation and recommended treatment. Upon second and subsequent convictions, the court can commit the defendant to an inpatient treatment program. But for any time spent in inpatient treatment, the defendant receives jail time credit. The judge can set the amount of time that treatment is required or leave it up to the treatment provider.
Iowa's OWI laws also require offenders to complete a course for drinking drivers, and in some cases, a reality education substance abuse prevention program. The offender is usually responsible for all fees associated with treatment.
After completing the required treatment program, OWI offenders are typically placed on probation. As a condition of probation, the offender is required to complete a substance abuse prevention program or engage in posttreatment services.
Finally, when a person is convicted of OWI for a second or subsequent time, the court can order the vehicle used in the commission of the offense and owned by the defendant to be impounded or immobilized. The period of impoundment or immobilization is for the period the defendant's license is revoked or 180 days, whichever period is longer.
Iowa's "implied consent" law requires all drivers to submit to a breath, blood, and/or urine test if there are reasonable grounds to believe the person was OWI. Motorists who unlawfully refuse testing or fail a test face administrative license penalties.
Motorists who refuse testing face the following license revocation periods:
|
1st Offense |
2nd offense |
3rd Offense |
|
|
License Revocation |
1 year |
2 years |
2 years |
A motorist whose license has been revoked will be assessed a $200 civil penalty.
Generally, a BAC of .08% or more is deemed a failed test. However, for a person who holds a commercial driver's license, a BAC of .04% or more is considered a failed test. And for a person under 21 years of age, a BAC of .02% is a failed test.
Motorists who fail a chemical test face the following license revocation periods:
|
1st Offense |
2nd offense |
3rd Offense |
|
|
License Revocation |
180 days |
1 year |
1 year |