Iowa DUI State Law
Iowa DUI Laws
Iowa DUI lawsstate that when you are charged with DUI, which is also called OWI and DWI in Iowa, that two cases will be opened against you. A court case and a case with the Iowa Motor Vehicle Division will be opened. By working with an Iowa DUI lawyer, you can fight the charges.
Iowa Blood Alcohol Concentration Laws
Under Iowa DUI laws, the guilt of the defendant must be proven beyond a reasonable doubt. This means that several things must be met in order for you to be arrested, charged and convicted of DUI:
1. You were operating the motor vehicle
If you have a blood alcohol concentration over .15 percent, this qualifies as an enhanced penalty, which may include double fines and jail time if you are convicted of DUI.
Your arrest may have happened because you failed a sobriety test, showed physical signs of drunkenness or you failed a chemical based test, such as urine, blood or breath test.
If you did, contact an Iowa DUI lawyer today to start working on a hearing to protect your rights and your driving' privileges.
Implied Consent Laws
Implied consent laws exist in Iowa. This means that as a driver in the state, you are agreeing to take a chemical test to determine your level of intoxication if a police officer, with reason to believe you are intoxicated, requests it.
If you refuse, this could mean your driver's license will be revoked. You will lose it for 1 year without the eligibility of a restricted license until 90 days are served.
A first offense of DUI violations may result in the following Iowa DUI penalties:
- Up to 1 year in JAIL, a minimum of 48 hours must be spent in jail
- Fine between $500 and $1000
- Substance abuse evaluations at YOUR cost
- Driver's license revocation for 180 days
- If your blood alcohol level is between .08 and .10, you may be allowed a temporary restricted license to drive to and from work
- An ignition interlock device may be required
- Misdemeanor charge
A second offense in the state of Iowa is a case in which a second DUI conviction occurs within the last 12 years. The look back period is 12 years and applies to convictions nationwide.
- You will be charged with an Aggravated Misdemeanor
- At least 7 days up to 2 years in jail
- No option for deferred sentencing or judgment
- Fine of $1500 to $5000
- Community service will be required
- Substance abuse program is required
- Driver's licenses suspension for 2 to 6 YEARS with no option for a restricted license until after the first year
- An ignition interlock device is required
- Misdemeanor charge
A third offense occurs when three convictions occur within a 12-year period. The Iowa DUI penalties for third convictions include:
- Charged with a Class D Felony
- 30 days Minimum up to 5 years in county jail
- A community treatment is required
- Substance abuse evaluation is required, with treatment obtained
- Vehicle may be seized by the state for immobilization or impoundment.
- License revocation for 6 years with no option for a restricted license until one year
- An ignition
interlock device will be installed.
Hire an Iowa DUI Attorney
As you can see, the Iowa DUI laws are very harsh. If you are charged with DUI, contact a specialized Iowa DUI lawyer today. They can help mitigate your case. They may be able to have charges dropped or reduced. They may be able to help you to obtain a reduced jail term, reduced fines and face fewer driving restrictions.
- If you have been charged with a DUI in Iowa, Submit Your Case for a Free Review from a skilled DUI Attorney.
Contact Iowa Drunk Driving Attorneys
Contact our Attorneys to get more information about Drunk Driving in Iowa: