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OWI convictions and deferred judgments that occurred anywhere in the United States within the preceding twelve years will count in determining whether the offense charged is a second or third offense. Also, deferred judgments, deferred sentences or probation without service of the mandatory minimum period of incarceration may be granted in an OWI case only if the defendant: Has never been previously convicted or received a deferred judgment for OWI anywhere in the United States; At the time of arrest, agreed to take a chemical test, and had a test result no higher than .15%. Did not cause injury to any other person by driving while intoxicated.

Other Iowa Drunk Driving Defense FAQs

Q: What Is The Definition Of The Iowa Dui Law?
A: It is unlawful to operate a motor vehicle in Iowa in any of the following conditions: While under the influence of an alcoholic beverage or other drug combination of … More
Q: What Are The Criminal Penalties For A Fist Offense?
A: A serious misdemeanor, punishable by up to one year in jail and a fine of up to $1,500, or both. The minimum jail time is 48 hours and the minimum fine is $1,000. The … More
Q: What Are The Criminal Penalties For A Second Offense?
A: An aggravated misdemeanor, punishable by up to two years in prison. A minimum of seven days in jail must be served. A fine of $1,500 to $5,000 must be paid.
Q: What Are The Criminal Penalties For A Third Or Subsequent Offense?
A: A class "D" felony, punishable by up to five years in prison, and a fine of $2,500 to $7,500. A minimum of 30 days in jail must be served.
Q: Are There Any Other Costs?
A: All fines listed do not include a mandatory 30% surcharge and court costs.
Q: What Is A Substance Abuse Evaluation?
A: All persons convicted must undergo a substance abuse evaluation (at the offender's expense) prior to sentencing, and the court must order the defendant to follow … More
Q: Can Victims Of Dui Receive Restitution?
A: Victims may receive restitution for all damages caused by a defendant. Public agencies may receive up to $500 for costs incurred as a result of a defendant's crime.
Q: What Are The Criminal Penalties For Owi Causing Death Or Serous Injury?
A: An OWI that causes the death of another person is a class "B" felony, punishable by up to 25 years in prison. This sentence cannot be suspended, and a defendant cannot … More
Q: What Are Drivers License Revocations For A First Offense?
A: 180 days. When a chemical test indicates an alcohol level of .10 or more or the presence of a controlled substance, and the person has had no OWIrelated … More
Q: What Are Drivers License Revocations For Second Or Subsequent Offense?
A: One year. One or more revocations in the previous 12 years. Not eligible for temporary restricted license for one year.