IOWA OWI LAW

Blood Alcohol Content (BAC) for an Operating While Intoxicated (OWI) in Iowa:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .02% or above
• Professional Drivers: .04% or above
• High BAC: .15% or above

Implied Consent and Chemical Test Refusal: Like most states, Iowa has an Implied Consent Law. This means that if an officer stops you while you are driving and suspects you of drinking and driving, it is assumed that you have given your consent to a chemical BAC test. This test can be administered as a urine, blood, or breathalyzer test. If you refuse to take the test, your license will be revoked for 1 year.

If the police charge you with OWI, there are potentially far reaching and serious consequences. As such, you should find legal representation in Iowa and discuss your OWI circumstances with an Iowa OWI attorney, in order to mitigate the consequences of an OWI conviction.

OWI Arrest - Civil Case

Potential Penalties:

• License Suspension:
• First OWI Conviction: Your license will be revoked for 180 days. But, it is possible to get a restricted license if your BAC was below .10%.
• Second OWI Conviction: 2 years.

• Monetary Fines:
• First OWI Conviction: Between $625-$1,250.
• Second OWI Conviction: Between $1,875-$6,250.

• Community Service: An Iowa court may require you to perform community service if you are convicted of an OWI.

• Probation: You can be ordered to a term of probation if you have been convicted.

• Motor Vehicle Impound
• First Conviction: No.
• Second Conviction: Yes. If this is your second OWI offense your vehicle can be impounded at the time of arrest. Similarly, if you are pulled over while driving with a revoked license, your vehicle can be impounded.

• Ignition Interlock:

• First OWI: Yes, an ignition interlock device is required if your BAC was above .10%.
• Second OWI: Yes, for up to 1 year.

• Prison Time:
• First OWI: 48 hours to 1 year.
• Second OWI: 7 days to 2 years.

OWI Arrest - Criminal Charges

OWIs in Iowa carry serious criminal consequences with them. To ensure the best possible result in your case, it is necessary to contact an experienced Iowa criminal attorney familiar with your type of case.

Potential Criminal Charges: Your first and second arrests for OWI are considered criminal misdemeanors if criminal charges are filed against you. However, your third and future OWIs can result in Class D Felony charges. The court will decide what criminal penalties to impose.

Reinstating Your License After OWI Conviction: In order to reinstate your license in Iowa, you must pay a $200 fee, complete a course for drunk drivers, comply with the financial responsibility law by filing an SR-22 Certificate of Insurance form, and demonstrate that you have completed a substance abuse treatment or evaluation.

Effect of OWI on Car Insurance: To file Proof of Financial Responsibility and thus begin the process of reinstating your license, you must have your Iowa insurance company file a Form SR-22, or Certificate of Automobile Liability Insurance with the Iowa Office of Driver Services. However, after an OWI conviction, it may be difficult for you to find an insurance carrier who will provide you with car liability insurance. If you do find a carrier who will insure you, your rates will probably be much higher than before the OWI conviction.

Effect of OWI on Driving Record: An OWI in Iowa stays on your driving record for 12 years.

Under 21 and OWI: You license will be revoked for 60 days upon your first violation of Iowa Zero Tolerance OWI law and 90 days upon your second violation. Iowa's Zero Tolerance Law provides that drivers under the age of 21 who are stopped while driving and have a BAC of greater than .02% are in violation of the law.

Iowa Resources

Iowa Department of Transportation

http://www.iowadot.gov/

Iowa Statutes

http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&service=IowaCode