Iowa DUI Attorney

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Iowa OWI Law

In Iowa, operating a vehicle while intoxicated is a criminal offense. If you operate a vehicle while you are under the influence, and get stopped at a DUI roadblock or as a result of your driving behavior, you will be tested and arrested if the test results support the charge that you are operating a vehicle while intoxicated. The charges you will face in criminal court have the potential to give you a criminal record and make your life difficult because of lost driving privileges and the stigma of having committed a criminal offense. OWI also results in administrative consequences that will reduce the number of driving privileges you have for a specific period of time. Because of the possibility that these consequences will make your life difficult for a very long time, contacting an Iowa DUI lawyer is one of the best ways possible to defend yourself against an OWI in Iowa. A qualified Iowa DUI attorney can help you to gather information, use expert witnesses, and present your case so you have the best chance of prevailing.

An Iowa OWI Case

In Iowa, the prosecution must prove beyond a reasonable doubt that the defendant was intoxicated and operating a motor vehicle. If any doubt is cast on the guilt of the defendant, then a verdict of "not guilty" must be entered. Prosecutors must show that the defendant operated a motor vehicle while under the influence or while the defendant's blood alcohol level was 0.08% or greater. OWI cases in Iowa are prosecuted under 321J.2 of the Iowa Code. Iowa is one of the states where specific definitions are used to make decisions in OWI cases. In Iowa, "operating" a vehicle means that the defendant must have been in the vehicle while it was in motion or while the engine was running and the vehicle was parked or otherwise engaged. This is a very important distinction for Iowa drivers. This means that a driver could have the keys in the ignition without the car being turned on. In this case, the driver would not be considered to be operating the vehicle and could not be charged with an OWI offense.

Criminal Penalties for Iowa OWI

Iowa OWI offenses can result in many penalties if convicted of the criminal charges you were facing. The penalties are designed to discourage convicted DUI offenders from committing further offenses. The penalties increase with the number of offenses an offender has been convicted of and the special circumstances involved in each individual OWI case. For a first offense, criminal charges are filed as a serious misdemeanor. The mandatory minimum penalty for a first OWI offense is a $1,250 fine, surcharge of $400, and 48 hours in jail. The penalties that may be imposed above and beyond these minimum requirements are fines of up to $1,500 and jail time of up to one year. Criminal charges for a second OWI offense in Iowa are filed as an aggravated misdemeanor. The mandatory minimum penalty for a second offense is 7 days in jail and a fine of no less than $1,850. The penalties that may be imposed above and beyond these minimum requirements are a fine of up to $5,000 and up to two years in prison. Third offenses are filed as class D felonies. The mandatory minimum penalties for a third offense are a fine of $3,125 and 30 days in jail. The actual penalties that may be imposed are fines up to $7,500 and up to five years in prison. There are no more levels of offenses for OWI in Iowa. Fourth and subsequent offenses are treated as third offenses. Because these penalties can be severe, it is important that you have a qualified Iowa DUI attorney on your side to present the best possible defense in your case.

Administrative Penalties for Iowa OWI

Administrative penalties are also imposed for OWI offenses. These penalties have to due with the driving privileges of an offender. For a first offense, the license revocation period is one year. An offender is eligible to get an immediate temporary license if their blood alcohol content was not .15% or greater and no accident occurred at the time of the offense. If there was an accident or a chemical test result of .15% or greater, then the offender must wait 30 days to be eligible for a temporary license. If the blood alcohol level was .10% or greater or an accident occurred at the time of the offense, an ignition interlock device must be installed on each vehicle owned and operated by the offender. Subsequent OWI offenses result in license revocation for one year with the offender not eligible for a temporary license until one year has passed. Those seeking a temporary license must have an ignition interlock device installed on their vehicles.

Test refusal also carries administrative penalties. A first offense results in a one year revocation with the defendant not eligible for a temporary license for 90 days. An ignition interlock device is also a requirement for this temporary license. Second and subsequent offenses result in a two year license revocation with the offender not being eligible for a temporary license for a minimum of one year. An ignition interlock device must be installed for the offender to become eligible for this temporary license. Minimizing the impact of the penalties imposed on you as an OWI offender is one of the most important things you need to do if convicted of an OWI. Having a skilled Iowa DUI lawyer representing you can help you to have the best chance of prevailing in a court of law.

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