Iowa Driving Under Influence Lawyer, Iowa Driving Under Influence Attorney

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Blood Alcohol Concentration

0.08

Suspension of licence for administravtive reasons after first offense?

180 days

Can driving priviledges be restored during suspension?

after 90 days

Penalties include forfeiture or ignition interlock?

no/yes

"Open Container" laws

driver/passenger

Iowa Driving Under the Influence Law

Drinking driving in Iowa is known by the name “Operating While Intoxicated” or OWI for short.

In common with many other States, an OWI arrest in Iowa will lead to two cases being brought against the defendant, a criminal case and an Iowa Department of Motor Vehicles Division case. If you have been arrested for OWI in Iowa, you have only 10 days in order to apply for a hearing at the Iowa Department of Motor Vehicles Division in order to retain your driver's license. It is therefore essential that you contact an Iowa OWI lawyer as soon as possible.

Charges for OWI in Iowa can be brought under either, or both, the doctrine of being under the influence of alcohol or drugs whereby the defendant's mental or physical capabilities are impaired, affecting the defendant's ability to drive. The second recourse of action is to Blood Alcohol Concentration, currently set at 0.08%, under which the defendant can be charged regardless of whether or not the person is impaired. This method is based on body chemistry rather than how the vehicle in question was actually being driven.

Iowa law requires that any conviction be “beyond reasonable doubt”, if sufficient doubt exists then a verdict of “not guilty” must be returned.

Conviction Punishment
First Minimum 2 days in jail and $1000 fine plus 30% surcharge, if serious misdemeanor, fine of up to $1500 and up to a year in jail. 180 day license revocation, if BAC is greater than 0.1% an ignition interlock device must be fitted.
Second Minimum 7 day jail term and fine of no less than $1500, more serious misdemeanor could lead to a maximum of 2 years in prison and a fine of up to $5000. 1 year revocation of license and necessity of ignition interlock.
Third and subsequent Minimum 30 days in jail and $2500 fine. If it is more serious it becomes a Class D Felony with the possibility of 5 years in jail and a fine of up to $7500. Ignition interlock system fitted and 1 year revocation of license.

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