The DUI laws of the State of Iowa
prohibit the following:
- Drivers under the age of 21
operating a motor vehicle with blood
alcohol content (BAC) of 0.02
or higher;
- Drivers of any age operating
a motor vehicle with BAC of 0.08 or
higher; and
- Drivers operating a
commercial vehicle with BAC of 0.04 or
higher.
Penalties for a DUI conviction in
Iowa include, but are not limited to, the
following:
First DUI Conviction
- A first DUI conviction in
Iowa is a misdemeanor and carries with it
jail time ranging from 48 hours minimum
to a year. First-time offenders in Iowa
will also face fines ranging from $625 to
1,250. Drivers license of
first-time DUI offenders in Iowa will be
suspended for 180 days. If the BAC
level at the time of arrest was at or
below 0.10, however, drivers may qualify
for restricted license. The court
may also order first-time offenders to
attend substance abuse treatment programs
and do community service.
Second DUI Conviction
- A second DUI conviction in
Iowa carries jail time ranging from
minimum of seven days to maximum of two
years. In addition, second-time
offenders will face fines ranging from
$1,875 to $6,250 and license suspension
for 2 years. It is possible to get
restricted license after 1 year with
Ignition Interlock Device. The
court may also order second-time
offenders to attend substance abuse
evaluation and treatment programs and do
community service. The court may
also order that the vehicle of
second-time offenders be impounded or
immobilized.
Third DUI Conviction
- A third DUI conviction in
Iowa is a Class D Felony and
carries with it jail time ranging from
thirty days minimum to maximum of five
years. Third-time offenders will also
face fines ranging from $3,125 to $9,375
and license suspension of six years.
Third-time offenders may qualify for
restricted license after 1 year of
conviction with Ignition Interlock Device
required. The court may also order
third-time offenders to attend substance
evaluation and treatment programs and do
community service. The court may
also order that the vehicle of third-time
offenders be impounded or immobilized.
Iowa DUI Laws
Summary
Most people are familiar with the
term DUI, which is the abbreviated form used to
describe driving under the influence. In Iowa,
this is also sometimes referred to as OWI, which
means operating while intoxicated. If an
individuals blood alcohol content is
determined to be .08%, or higher, he/she is
guilty of OWI in Iowa.
First time offenders are charged
with a misdemeanor and face a minimum of 48 hours
up to a maximum of one year incarceration. If the
offender has no previous license revocations
within the previous 12 years, his/her license
will be revoked for a period of 180 days. In
addition, they may also be imposed with a fine of
up to $1,000.00, up to $500.00 of which may be
waived by the judge providing the act of OWI did
not result in personal injury or property damage.
In lieu of the fine amount that is waived, the
court may order the offender to perform community
service.
Every offender will be ordered to
complete a drug/alcohol evaluation and treatment
program as recommended by the court. In addition,
they may be required to participate in a course
for drunk drivers and attend a victims
panel. Before requesting license reinstatement,
each offender will have to provide proof of
completion for all of the above mentioned
sessions.
In some instances, an individual may
be able to apply for a temporary restricted
license even if his/her license has been revoked
for OWI. If the blood alcohol content was proven
to be between .08% and .10%, and a crash was not
involved that caused personal injury to another
person or property, the offender may not be
required to apply an ignition interlock device to
their vehicle. This type of unit is installed to
prevent the offender from driving his/her vehicle
if any alcohol is present in their system. The
installation, which is sometimes required, is
done at the offenders expense. If the blood
alcohol content is determined to be between .10%
and .15%, an ignition interlock device is
required in order to receive a restricted
license. This type of special permit allows the
offender to operate his/her motor vehicle in
certain circumstances, including to and from
work, school, medical appointments and court
ordered treatment sessions.
In some instances, including a first
offender whose blood alcohol content was
determined to be less than .15% after consenting
to testing and did not cause personal injury, a
deferred judgement may be entered. This is only
available to first offenders. Youthful offenders,
on the other hand, are considered to be
intoxicated with a blood alcohol content of .02%
or higher. In addition to a 60 day license
suspension, additional criminal penalties may be
imposed at the discretion of the court.
Following a guilty plea or a verdict
of the same, offenders will likely face
additional problems with their insurance carrier.
Rates should be expected to increase dramatically
or, in the worst case, the policy may be canceled
altogether. The driver will be labeled as high
risk and may have difficulty finding
another carrier to provide them with a policy
which, if found, will be very costly due to the
conviction.
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