Mark Thompson DUI/DWI Law Blog on Lawyers.com

This is a general overview of the OWI offense in Iowa.  This article is not legal advice.  Please contact an attorney practicing in criminal law before making any decisions regarding an OWI criminal charge.

Operating While Intoxicated, or OWI, is one of the most common offenses in Iowa. (Other jurisdictions may call this offense a DUI, or DWI).

Iowa Code section 321J.2 defines the crime of OWI as someone operating a motor vehicle in Iowa under one or more of the following conditions:

1. While under the influence of an alcoholic beverage or other drug or a combination of such substances,

2. While having an alcohol concentration (BAC) of .08 or more,

3. While any amount of a controlled substance is present in the person, as measured in the person's blood or urine.

What these rules mean is that if a small amount of alcohol leaves a person intoxicated, he can be found guilty of this offense even if his BAC is less than the
statutory .08.  Also, if a person is not "intoxicated" but nonetheless has a BAC of .08 or more, then he can be found guilty.

Finally, if any concentration, even a trace, of an illegal drug is in a person's system and they operate a motor vehicle, then they can be guilty of this crime.  

Certainly, the first rule is do not drink and drive, even in small amounts.  The second rule is do not use illegal drugs and drive, even in very small amounts.

The penalties for OWI are severe, and have been increasing periodically in Iowa.  An OWI is an "enhanced penalty offense" meaning, that subsequent convictions for this crime carry vastly increased penalties.

OWI's carry mandatory minimum penalties.  What this means is that if a defendant is found guilty of the crime, the county attorney must impose a certain minimum.  And these minimums are quite high.

For example, currently a first offense OWI carries the mandatory minimum of 2 days in jail and a fine of $1,250.00.  There is a surcharge of 32%, bringing this fine to $1,650.00.  Other expenses will follow, such as court costs (often $50.00), substance abuse evaluations (around $95.00), probation supervision fees (around $250.00-$300.00), and license reinstatement penalties ($200.00).  Often times, a person convicted of OWI will be required to carry SR-22 (high risk) insurance on their vehicles, and depending on the level of the BAC, rent an ignition interlock device to install on their vehicle during the time that they have a temporary license.

The maximum penalties for a first offense OWI are one year in jail and a fine of $1,875.00, plus all of the surcharges, fines, fees, and penalties as discussed above.

Depending on the result of the BAC, prior offenses, prior deferred judgments, property damage or personal injury, and if a defendant did not refuse the test, a deferred judgment may be available.  A deferred judgment is often an excellent outcome for
an OWI. The deferred judgment will allow a defendant to avoid jail time.  

However, an Iowa Supreme Court ruling from December 2007 requires that civil penalties be enforced when a deferred judgment is granted.  Please consult with an attorney before make a decision regarding a deferred judgment.  There are many factors that must be examined, certainly more than can be discussed in this article.

Once again depending on many factors, including the results of the BAC test, a defendant's license will be suspended.  Usually the suspension period runs for
180 days, but in some cases (including when the police station BAC test is refused) the suspension can last for one year for a first offense.  

It is important that a lawyer handling an OWI case be familiar with both the criminal and the licensing side of the OWI case.

A second and third offense OWI's carry much stiffer penalties.  For example, the minimum jail sentence for a second offense is 7 days in jail.  For a third offense,
the minimum jail sentence is 30 days, and the crime is considered a felony.

Upon arrest for an OWI, action must be taken immediately.  The judge will usually order that a substance abuse evaluation be completed within ten days.  The Iowa Department of Transportation will need to know within ten days if you contest the
suspension of your license.  The court will set a preliminary hearing likely within a few weeks of a defendant's arrest.  Much of the rest of the criminal procedure is discussed here.

Due to the incredible penalties that follow even a first offense OWI with a relatively low BAC result, each case must be carefully examined by an attorney practicing criminal law to determine that all legal resources are utilized for the defendant.  

If the police failed to use proper procedure, a motion to suppress may be filed.  An appeal hearing can be held with the IDOT to delay or dismiss any license suspension that may occur.  With any penalties that may have to be enforced, an attorney can help a defendant work toward getting the minimum fines and minimum jail time.  

If you have been charged with an OWI, please contact an attorney practicing in criminal law right away. 

This post was authored by Iowa City Criminal Lawyer Mark Thompson.  He offers free consultations for pending criminal charges in Iowa.  He can be reached at (319) 354-1630 or on his website at www.thompsonjustice.com.