Iowa OWI Laws and Penalties

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:

• with a blood alcohol content (BAC) of .08% or more
• while under the influence of alcohol, drugs, or a combination of the two, or
• while any amount of a controlled substance is present in the person's blood or urine.

(Iowa Code § 321J.2 (2025).)

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 or has a running engine. Under that definition, a person can be convicted of OWI without actually driving a vehicle. In one case, a driver was found guilty of OWI even though the vehicle was incapable of moving because the engine was running. (Munson v. Iowa Dep't. of Transp., 513 N.W.2d 72 (Iowa 1994); State v. Murray, 539 N.W.2d 368 (Iowa 1995).)

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:

• The driver's reason or mental ability was affected.
• The driver's judgment was impaired.
• The driver's emotions were visibly excited.
• The driver showed loss of control of bodily actions or motions.

(State v. Dominguez, 482 N.W.2d 390 (Iowa 1992).)

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

First-Offense OWI Penalties in Iowa

A DUI is considered a first offense if the driver has no prior convictions within the past twelve years. A first DUI is a "serious misdemeanor" in Iowa. A conviction typically carries:

• 48 hours to one year in jail
• up to a $1,250 fine, and
• a 180-day license revocation.

For first offenders, the judge can waive all but $625 in fines in most circumstances and may order community service instead of a fine. Offenders may drive during the revocation period if they obtain a restricted license and install an Ignition Interlock Device (IID). (Iowa Code §§ 321.12, 321J.2 (2025).)

In some cases, a court may allow a deferred judgment for a first OWI. Under a deferred judgment, the offender must meet certain probation conditions. After completing the conditions, the court will drop the charges without a conviction. A court can't give a deferred judgment if the driver:

• has any prior OWI convictions
• has had a driver's license revoked for an OWI-related offense
• has a prior deferred judgment
• had a BAC of .15% or higher
• refused a test for the presence of alcohol or drugs
• eluded the police, or
• caused bodily injury to another person.

(Iowa Code § 321J.2 (2025).)

Second-Offense OWI (Misdemeanor) Penalties in Iowa

A DUI is considered a second offense if the driver has one prior conviction within the past twelve years. A second DUI is an "aggravated misdemeanor" in Iowa. A conviction typically carries:

• seven days to two years in jail
• $1,875 to $6,250 in fines, and
• a one-year license revocation.

For a second or subsequent conviction for OWI, the court can order the vehicle used to commit the offense to be impounded or immobilized. The period of impoundment or immobilization is for the period the offender's license is revoked or 180 days, whichever period is longer. (Iowa Code §§ 321.12, 321J.2, 321J.4B (2025).)

Offenders may drive during the revocation period if they obtain a restricted license and install an IID. (Iowa Code §§ 321.215, 321J.4 (2025).)

Third-Offense OWI (Felony) Penalties in Iowa

A DUI is considered a third offense if the driver has two prior convictions within the past twelve years. A third DUI is a "class D Felony" in Iowa. A conviction typically carries:

• 30 days to 5 years in jail
• $3,125 to $9,375 in fines, and
• a six-year license revocation.

When a person is convicted of OWI for a third time, the court can order the vehicle used in the commission of the offense and owned by the defendant to be impounded or immobilized for 180 days. (Iowa Code §§ 321.12, 321J.2, 321J.4B (2025).)

Offenders may drive during the revocation period if they obtain a restricted license and install an IID. (Iowa Code §§ 321.215, 321J.4 (2025).)

Substance Abuse 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. (Iowa Code § 321J.3 (2025).)

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. (Iowa Code § 321J.2 (2025).)

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 post-treatment services. (Iowa Code § 321J.3 (2025).)

Administrative License-Related Penalties Related to Alcohol Testing in Iowa

Iowa's "implied consent" law requires all drivers to submit to a breath, blood, 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. The penalties usually include license suspension (one year for a first offense and two years for a second offense) and penalty fees. A person who wishes to drive during the suspension period must obtain a restricted license and install an IID. (Iowa Code §§ 321J.6, 321J.9 (2025).)

Getting Help From an Attorney

It's basically never a good idea to represent yourself in a DUI case. If you've been arrested for driving under the influence, get in contact with an attorney who can help you.