Sioux City OWI Defense Lawyer

Basics of an IOWA OWI

Iowa drunk or drugged driving charges can be brought in several situations, including operating a vehicle while:

• Having a blood or breath alcohol concentration (BAC) over .08 percent
• Under the influence of alcohol (as observed by law enforcement regardless of BAC)
• Having any controlled substance in your body
• Under the influence of drugs, including prescribed medications, if they are not taken per your physician's directions and the labeling directions of the providing pharmacy

These cases can include first-offense OWI, repeat offenses, underage OWI, commercially licensed OWI, OWI with injury, and OWI involving fatalities. 

Statute of Limitations

If you were given an OWI Implied Consent Form (Request and Notice under Iowa Code Chapter 321J/Section 321.208), you only have 10 days from the day you were given the form to file an appeal. We strongly encourage you to contact Goodman Law Firm as soon as possible so we can help you understand the appeal process and work with you to keep your license.

The Consent Form is a legal document associated with OWI which serves multiple purposes. It includes a request for chemical testing under Iowa’s implied consent law, a notice of the administrative actions that will be taken against your driving privileges should you refuse to submit to chemical testing or if the test results show an alcohol concentration of .08 or more, or the presence of drugs. It also includes information about the disqualification from operating commercial motor vehicles, as indicated under Section 321.208.

The document informs you of your rights and the consequences of your actions, including the possibility of license revocation or suspension and the conditions under which a temporary restricted license might be issued.

It also details your rights regarding contesting the administrative actions, the process for requesting a hearing, and the timelines involved. 

Iowa License Revocations

If your license is revoked, you missed the deadline to appeal, or you lose your appeal, you will be subject to a minimum suspension of 180 days. The revocation could last for up to six years if this is a third offense or an OWI charge that involves the death of another person.

While a restricted license may be available in some cases, the length of the revocation and the availability of a restricted license depend on many factors, including:

• Your age
• The level of alcohol present in your tests
• Whether or not an accident happened
• If you've been convicted or pled guilty to other OWI charges

OWI Penalties in Iowa

The State of Iowa enforces strict penalties for OWI offenses. These penalties escalate with the number of convictions, reflecting the state's stance on repeat offenses. Understanding the implications of each conviction level is essential to give insight into how the law affects your case.

First Offense OWI

For a first-time OWI offense, individuals may face the following:

• Up to one year in jail, with a mandatory minimum of 48 hours.
• A fine ranging from $625 to $1,250, plus court costs and surcharges.
• A mandatory driver’s license revocation for 180 days up to one year.
• Possible requirement to undergo a substance abuse evaluation and complete any recommended treatment program.

Second Offense OWI

A second OWI offense carries more severe penalties, including:

• A mandatory minimum jail sentence of seven days, up to two years.
• A fine of $1,875 to $6,250.
• Mandatory driver’s license revocation for one to two years.
• Vehicle impoundment or immobilization for a period.
• A requirement for substance abuse treatment following an assessment.

Third and Subsequent Offenses OWI

Third and subsequent OWI offenses are considered felonies in Iowa, with penalties that include:

• A mandatory minimum of 30 days in jail, with the possibility of up to five years.
• A fine ranging from $3,125 to $9,375.
• Driver’s license revocation for six years.
• Installation of an ignition interlock device on any vehicle you drive.
• Substance abuse treatment is required following an evaluation.