Iowa OWI/DUI Penalties

Fighting for Clients Throughout Cedar Rapids, Davenport, Quad City, Scott County & All of Eastern Iowa

In Iowa, a person's first and second convictions for OWI/DUI are misdemeanors, while a third conviction within 12 years is a felony. Because penalties escalate with each subsequent offense, it is important to obtain skilled legal representation the first time you are charged with an alcohol-related offense. An experienced OWI/DUI defense lawyer may be able to negotiate a plea bargain, minimize your penalties or get the charges dropped in some situations. Attorney J. Dean Keegan is a former probation officer and chemical dependency counselor who understands how OWI/DUI penalties affect clients' lives.

Facing an OWI charge? Don't face it alone. Call us today at (319) 499-5524 or contact us online for experienced defense.

Penalties for First Iowa OWI Offense

These charges are serious. It is important that you do everything possible to avoid a criminal conviction.

The first time you are convicted of OWI/DUI, you face:

• A minimum of 48 hours in jail with a possible maximum sentence of one year
• Fines of up to $1,250
• A substance abuse evaluation and treatment program
• Community service
• Driver's education course

Your license may be revoked for 180 days, though you may be able to apply for a restricted license. If your blood alcohol content measurement (BAC) was above .10 at the time of arrest, you may be required to install an ignition interlock device on your vehicle. If your BAC was above .15, you must wait 30 days before obtaining a restricted license. It is important that you challenge the loss of your license within 10 days of revocation. J. Dean Keegan can keep you driving pending the appeal.

Penalties for Second Iowa OWI Offense

If you are convicted of OWI/DUI for a second time, you face seven days in jail and up to two years in prison. Fines could total several thousand dollars and your license will be revoked for two years.

Other penalties the court may order include:

• Vehicle impoundment
• Substance abuse evaluation and treatment
• Community service
• Driver's education course

Furthermore, you may be forced to wait a full year before you are eligible for a restricted license and an ignition interlock device. For this reason, it's important to challenge your arrest and license revocation.

Factors That Influence OWI/DUI Sentencing in Iowa

When facing an OWI/DUI charge in Iowa, several factors can influence the penalties you may face. Understanding these can help you prepare for what to expect and, in some cases, reduce the severity of the sentence.

• Prior Convictions: If you have previous OWI/DUI convictions, your penalties will likely be more severe. For example:
  • A second offense can lead to longer jail time and higher fines.
  • A third offense may be classified as a felony, resulting in significant jail time and higher fines.
• Blood Alcohol Content (BAC): The level of alcohol in your system at the time of the arrest plays a major role in sentencing:
  • BAC above 0.08%: A standard OWI charge.
  • BAC above 0.10% or 0.15%: Enhanced penalties, including longer license suspensions or mandatory ignition interlock devices.
• Accidents Involving Injury or Damage: If you caused an accident while driving under the influence, the penalties could be significantly worse:
  • Charges can escalate to reckless driving or vehicular assault if injuries occurred.
  • You may also face additional fines or jail time based on the severity of the incident.
• Minors in the Vehicle: Having a minor passenger in the vehicle during an OWI/DUI arrest can result in more severe consequences. Iowa law considers this an aggravating factor, which could increase penalties.
• Defendant’s Behavior at the Time of Arrest: How you behave when arrested can also impact your case:
  • If you cooperate with officers, remain calm, and follow instructions, this may be seen as a mitigating factor.
  • Conversely, resisting arrest or showing aggressive behavior can result in harsher penalties.

What to Do After an OWI/DUI Arrest in Iowa

If you're arrested for OWI/DUI, it’s important to take immediate and appropriate actions:

• Contact a Lawyer: The first step after an arrest should be to reach out to an experienced OWI/DUI defense lawyer who can guide you through the legal process and ensure your rights are protected.
• Understand Your Rights: Be aware of your rights during the arrest process. For example, you have the right to remain silent and the right to legal counsel.
• Request an Administrative Hearing: Iowa law gives you 10 days from the date of your arrest to request an administrative hearing to contest the suspension of your driver’s license. Failing to do so could result in automatic suspension.
• Follow Court Orders: Attend all hearings, evaluations, and court-ordered programs like alcohol education classes, as this can help mitigate your penalties.

Field Sobriety Tests and BAC Testing in Iowa

During an OWI/DUI stop in Iowa, officers may administer field sobriety tests (FSTs) or request a breathalyzer test. Understanding how these tests work can help in your defense:

• Field Sobriety Tests (FSTs):
  • Walk-and-Turn Test: Officers will ask you to walk in a straight line and turn around. Failing this test may be seen as evidence of intoxication.
  • One-Leg Stand Test: You must balance on one leg for a specified amount of time. Difficulty in performing this test could be used to indicate impairment.
  • Horizontal Gaze Nystagmus Test (HGN): This test examines the movement of your eyes as you follow an object. Involuntary eye jerks may suggest impairment.
• Challenges to FSTs: These tests are not always reliable. Factors such as poor weather conditions, medical conditions, or even anxiety can affect your performance.
• Breathalyzer and BAC Testing: Breathalyzers measure your BAC, but they are not foolproof. Common challenges include:
  • Calibration issues: Breathalyzers need to be properly calibrated, or their results may be inaccurate.
  • Medical conditions: Certain health conditions, such as acid reflux, can cause falsely high BAC readings.
  • Officer error: Improper administration of the test may lead to flawed results.

In some cases, a skilled attorney can challenge the results of these tests to weaken the prosecution’s case against you.

Frequently Asked Questions About OWI/DUI in Iowa

What is the difference between OWI and DUI in Iowa?

• OWI (Operating While Intoxicated) is the term used in Iowa for drunk driving charges. It is similar to a DUI (Driving Under the Influence), which is used in other states. In Iowa, OWI charges are typically related to driving under the influence of alcohol or drugs, with the legal BAC limit being 0.08%.

Can I refuse a breathalyzer test in Iowa?

• Yes, you can refuse a breathalyzer test in Iowa; however, this comes with consequences. Refusing the test results in an automatic one-year license suspension for the first refusal, with more severe penalties for subsequent refusals. It's important to understand the consequences before making this decision.

Can a DUI/OWI conviction be expunged in Iowa?

• Under most circumstances, OWI convictions are not eligible for expungement in Iowa. However, some conditions, like a conviction for a first-time offense without aggravating factors, might allow for a reduction or plea deal that can help minimize the long-term impact on your record.

What happens if I get an OWI while driving with a child in the car?

• If you're arrested for an OWI and have a child passenger under the age of 16, you could face enhanced penalties. This can include additional fines, an extended license suspension, and potentially more jail time due to the aggravating factor of endangering a child.

How long will my license be suspended after an OWI arrest?

• The length of your license suspension depends on factors such as your BAC level and whether it is your first or subsequent offense:
  • First offense: 180 days, with the possibility of a restricted license.
  • Second offense: Two years.
  • Third offense: Up to six years.

Is it possible to get a restricted license after a DUI or BWI conviction?

• Yes, in some cases, a restricted license can be issued after a DUI or BWI conviction. This allows you to drive for specific purposes, such as going to work or attending alcohol treatment programs. However, restrictions are only granted under certain conditions, such as installing an ignition interlock device.

What defenses can be used in an OWI case?

• There are several potential defenses to an OWI charge in Iowa, including:
  • Challenging the legality of the traffic stop.
  • Disputing the accuracy of BAC tests (breathalyzer or blood test).
  • Demonstrating that field sobriety tests were improperly administered.
  • Arguing that you were not impaired at the time of arrest, despite the BAC reading.

Contact Us Now

OWI/DUI penalties increase with each conviction, so effectively defending yourself the first time is important. Call Keegan, Tindal & Jaeger today. We accept payments by cash, check, and credit cards.

Need help with your OWI case? Call (319) 499-5524 now or contact us to schedule your free consultation!