Iowa OWI Penalties
The following article is divided into two sections. The first explains deferred judgments, and the second explains the punishments for regular DUI convictions without deferred judgment.
Deferred Judgments In Iowa DUI Cases
Under Iowa OWI law, the option of a deferred judgment is only available only for first time offenders who were not involved in a personal injury crash, who did not refuse chemical testing, and whose test result was less than .15. A deferred judgement is an alternative to a conviction.
The defendant will plead guilty and accept the court imposed punishment and be ordered to a term of probation. If at the end of the probation term all requirements of the probation were completed, the OWI offense will not be entered onto the defendant’s criminal record. Although it is possible to have the mandatory minimum jail time waived, certain civil punishments will be required for offenders who accept a deferred judgment. Fines must be paid and a license suspension/revocation of 30-60 days will also result. Conditions of probation may include community service, alcohol abuse treatment and screening, etc.
Iowa DUI Consequences: Non-deferred IA OWI Penalties
OWI FIRST OFFENSE – SERIOUS MISDEMEANOR – FINES: up to $1,250; JAIL: minimum mandatory 48 hours – up to one year in jail; LICENSE SUSPENSION: 180 day license revocation – one year; OTHER: Ignition interlock, substance abuse evaluation and treatment
OWI SECOND OFFENSE – AGGRAVATED MISDEMEANOR – FINES: minimum $1,875 – maximum $6,250; JAIL: minimum 7 days in jail – up to 2 years in prison; LICENSE SUSPENSION: 2 year revocation (if not suspended/revoked administratively)
OWI THIRD OR SUBSEQUENT OFFENSE – CLASS D FELONY – FINES: minimum $3,125 – maximum $9,375; JAIL: minimum 30 days – maximum 5 years in jail; LICENSE SUSPENSION: 6 year revocation (in addition to revocation issued administratively)
OWI SERIOUS INJURY BY MOTOR VEHICLE - FINES: $750 – $7,500; JAIL: mandatory 5 years in prison; LICENSE SUSPENSION: 1 year (in addition to any administrative revocation); OTHER: substance abuse evaluation, drunk drivers course, restitution.
OWI VEHICULAR HOMICIDE - FINES: $1,000 – $10,000; JAIL: mandatory 25 years in prison; LICENSE SUSPENSION: 6 years (in addition to any administrative revocation); OTHER: $150,000 restitution to victim’s estate, substance abuse evaluation and treatment.
**NOTE – Under Iowa OWI law, convictions and deferred judgments within the last 12 years in any state will be counted as prior offenses.