Iowa OWI arrests give rise to two separate and distinct drunk driving cases: the court case, and Iowa Motor Vehicle Division Case, where the person's driving privileges are at risk. An Iowa OWI can have severe consequences, and it is critical than anyone accused of drunk driving in Iowa consult with a skilled drinking and driving lawyer at once.

As of July 1, 2003, the "legal limit" in Iowa is .08 blood alcohol content (BAC) - lowered from .10 BAC.

Criminal Penalties for OWI in Iowa

Deferred Judgment
Available only for first offender who was not involved in a personal injury crash, who consented to the test and whose test result was less than .15 BAC.

Jail/Prison and Fine Minimums
1st offense - 48 hours jail / $1,000 (reductions in fine possible)
2nd offense - 7 days jail / $1,500
3rd offense - 30 days jail or commit to prison (5 years maximum) / $2,500

License Sanctions for OWI and Implied Consent

License Revocations, Temporary Restricted Licenses (Work Permits), Hard Suspensions (Periods of Ineligibility for a Work Permit), and Ignition Interlock Requirements

• .02 BAC violation (drivers under age 21 with alcohol in their system)
  › License will be revoked for 60 days for a first .02 violation and 90 days for second or subsequent .02 violation. However, if a .02 violator refuses a test, the license revocation will be for 1 year.
  › This is an administrative, not criminal, action. Violators are NOT eligible for a work permit.
  • 1st offense (defendant consented to test) - revocation of 180 days
    Work permit rules:
    › Test between .08 and .10 BAC, and no crash involving personal injury or property damage, then no 30 day hard suspension and no ignition interlock requirement
    › Test between .10 and .15 BAC and no crash involving personal injury or property damage, then no 30 day hard suspension but ignition interlock is required to receive a work permit
    › Test above .15 BAC or test below .15 BAC with a crash involving personal injury or property damage - 30 day hard suspension and ignition interlock is required to receive a work permit
  • 1st offense (defendant refused a test) - revocation of one year, hard suspension of at least 90 days
    Work permit rules:
    › No work permit until hard suspension has passed; ignition interlock is required to receive a work permit.
  • 2nd offense (defendant consented to test) - revocation of one year and hard suspension of one year
    Work permit rules:
    › No work permit is possible, because the hard suspension and the revocation are both one year. However, a person convicted of second or subsequent offense must have an ignition interlock installed for license reinstatement.
  • 2nd or subsequent offense (defendant refused a test) - revocation of two years, hard suspension of one year
    Work permit rules:
    › No work permit until hard suspension has passed; ignition interlock required to receive a work permit.
  • 3rd or subsequent offense - Sentencing court imposes six year revocation