DUI Reference Guide

Iowa OWI Laws

Anyone who is driving in Iowa while under the influence of alcohol or any other controlled substance can be arrested.  The same is true for those who are driving with a blood alcohol content (BAC) that reaches or even exceed 0.08%.  Anyone who is arrested for DUI faces the possibility of criminal penalties as well as administrative license suspensions set forth by the Motor Vehicle Division. 

Drivers who are less than 21 years in age are not allowed to drive when under the influence at all.  In fact, they will be charged with a DUI if they have a BAC that is as 0.02%.  This is in accordance with Iowa’s zero tolerance law.  Most states have this law in an effort to prevent minors from drinking underage as well as drinking and then driving.

Those arrested can attend a hearing for their license suspension in order to try to retain their right to keep their driver’s license.  When attending a hearing, the defendant is able to have an attorney to assist them with the proceedings.  

Prior offenses will count against a person when the Motor Vehicle Division is placing suspensions.  These offenses will also matter if the person is found guilty and sentenced to criminal charges.  Unless a DUI offense was more than twelve years old it will count toward the current number of offenses.  This is true even if a person has arrests that were from other states. 

The length of administrative license suspensions depends upon the number of offenses on an individuals record, whether or not a person took a chemical test and the level of their BAC are also factors.  Offenders who had a BAC that exceed 0.08% will have their license suspended for 180 days on a first offense and one year on other offenses.  After awhile temporary licenses are available unless the person arrested had caused an accident or had a BAC that read more than 0.15%.  Multiple offenders cannot get a temporary license.  When a person receives driving rights again they will need an ignition interlock system for a while.  People who were able to receive a deferred judgment will only have their license revoked from 30-90 days. 

Those who refused a blood test will have their license suspended for one year on a first offense.  Prior refusals and/or offenses will result in a revocation of two years.  Minors who are arrested for DWI will have their license suspended for 30 days the first time.  Each time after that will result in 90-day suspensions.  Those numbers increase if a minor was not willing to take a chemical test.

Criminal penalties also apply for DUI convictions and can include separate license suspensions.  First time offenders must spend at least 2 days in jail and pay a fine of $1250.  Second time offenders must pay at least $1850 in fines and spend seven days in jail.  Jail time can be as high as two years.  Third offenses and any subsequent offenses result in as much as 5 years in prison with a 30-day minimum.  Fines can be as high as $7500 and must reach at least $3125.  Those with three or more offenses will also have their license revoked for six years.  Sometimes a temporary license is provided after two years.  When a person receive their license they will need to install an ignition interlock system.  Penalties increase for those who cause an accident that is fatal or that leaves anyone seriously injured. 

Those who are arrested for a DUI in Iowa should consult with an attorney.  If an individual has been arrested for driving under the influence the court must prove that the person was in fact operating a vehicle at the time of their arrest.  If they were not in a position to operate the vehicle, a DUI was not committed.  Additionally, the court must prove that the person was under the influence of drugs and or alcohol.  DUI lawyers can work to create doubt in these areas.

Anyone who would like assistance at a hearing with the motor division should also seek the help of any attorney.  In doing so a person might be able to retain their driving privileges.  Finding a lawyer who specializes in DUI is highly important.