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Posted by
Steve Lombardi
December 26, 2009 8:09 AM
Mike: At first I thought you were joking about what Wisconsin and Minn. do to OWI 1st offenses but then realized this is REALLY the law! Are they kidding? In Iowa it's far from a slap on the wrist.
ADMINISTRATIVELY HERE IS WHAT HAPPENS:
Iowa's OWI 1st (operating while intoxicated) law states that 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 or a combination of such substances
•While having an alcohol concentration of .08 or more
•While having any amount of a controlled substance in one’s body
Iowa’s implied consent law means that any person who operates a motor vehicle in the state agrees to have a blood, breath and/or urine test performed to determine alcohol level or presence of drugs, whenever a peace officer has reasonable grounds to believe the person is operating under the influence.
When a chemical test indicates an alcohol level of .08 or more or the presence of a controlled substance, and the person has had no OWI-related revocations in the previous 12 years, the person may apply for a temporary restricted license.
If an accident occurred or their blood alcohol content (BAC) level was greater than .15, the person must wait 30 days from the effective date of the sanction.
An individual must install an ignition interlock device, if the BAC level was greater than .10 or an accident occurred.
*Persons under age 21 are ineligible for a temporary restricted license until 60 days have passed from the effective date of the sanction.
CRIME OF OWI
Criminal Penalties
First Offense:
Serious Misdemeanor: Punishable by up to 1 year in jail and/or a fine of up to $1,500.
Mandatory Minimum Penalty: 2 days in jail and a $1,000 fine plus 30% government surcharge of $300.
Note: you may be eligible for a deferred judgment if: you did not refuse the direct breath test at the station; your BAC was under .15; you have no prior conviction or deferred judgment for OWI; and there was no bodily injury to another person.
Second Offense:
Convictions and deferred judgments in the last 12 years in any state are counted as prior offenses.
Aggravated Misdemeanor: Punishable by up to 2 years in prison and/or a fine of up to $5,000.
Mandatory Minimum Penalty: 7 days in jail and a fine of at least $1,500.
Third Offense
This is the highest level of OWI obtainable in the State of Iowa. All subsequent convictions after 3rd offense are counted as 3rd offenses.
Class D Felony: Punishable by up to 5 years in prison and/or a fine of up to $7,500.
Mandatory Minimum Penalty: 30 days in jail and a fine of $2,500
