Iowa OWI Laws and Penalties

Learn about the penalties—including fines, jail time, and license suspension—for an OWI conviction in Iowa.

By , Attorney
Facing a DUI? We've helped 115 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

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.

Iowa's OWI Laws

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:

  • evidence that the driver's reason or mental ability was affected
  • indications of impaired judgment
  • visible indication of excited emotions, and
  • the loss of control of bodily actions or motions.

But the facts of each case are different. So other factors can also be considered by the judge or jurors.

OWI Penalties in Iowa

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.

Penalties for a 1st, 2nd, and 3rd OWI Conviction in Iowa

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.

1st Offense

2nd Offense

3rd Offense

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

Ignition Interlock Device (IID)

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)

Substance Abse Evaluations for OWI Convictions in Iowa

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.

Educational Programs for OWI Offenders

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.

OWI Probation in Iowa

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.

Vehicle Impoundment for Repeat OWI Offenders

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.

Administrative License-Related Penalties Related to Alcohol Testing

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.

Consequences of Refusing an Alcohol Test in Iowa

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.

Consequences of Failing an Alcohol Test in Iowa

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

FACING A DUI?
Talk to a DUI Defense attorney
We've helped 115 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you