First Offense OWI in Iowa

In Iowa, the correct acronym for the crime of drunk or drugged driving is OWI (Operating While Intoxicated), not DUI, DWI, or OUI. An Iowa OWI occurs when someone operates a vehicle with a blood alcohol concentration (BAC) of 0.08% or more or while under the influence of alcohol, illegal drugs, or certain medications that hamper driving ability.

First-time OWI offenses in Iowa may result in severe legal, financial, and personal consequences, including fines, jail time, license suspension, or a court-ordered installation of an ignition interlock device. Requesters seeking information on Iowa OWI Laws may access them through third-party platforms such as Iowacourtrecords.us. However, the information obtained on such sites is not guaranteed to be accurate.

What Qualifies as a First OWI in Iowa?

Iowa Code §321J.2 defines a first OWI offense as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more while under the influence of alcohol or drugs (even if BAC is less than 0.08%) or having any traceable level of a controlled substance in the operator's body.

In Iowa, law enforcement officials usually employ measures such as breath tests, field sobriety tests, and officer observation to determine impairment among vehicle operators.

Breath Test

In Iowa, law enforcement usually conducts breathalyzer tests on suspects to assess their blood alcohol concentration. The Iowa Commissioner of Public Safety approves using the DataMaster CDM or DataMaster DMT breath-testing devices for collecting usable driver impairment evidence in court.

Field Sobriety Tests (FSTs)

Officers may perform standardized tests, such as the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand, to assess drivers' balance, coordination, and ability to follow instructions.

Officer Observations

During Iowa OWI stops, law enforcement officers often study suspects, looking for signs of impairment like slurred speech, the odor of alcohol, bloodshot eyes, and erratic driving behavior. These observed symptoms help to establish a probable cause for an OWI arrest.

Possible Penalties for a First Offense OWI in Iowa

The table below outlines the possible penalties for a first-offense OWI in Iowa:

Do You Lose Your License for a First OWI in Iowa?

A first-time OWI offender who records a blood alcohol content (BAC) of 0.08% or more during an Iowa traffic stop will have their driver's license suspended (by the Iowa Department of Transportation) for six months. After the suspension ends, the driver must install and operate an ignition interlock device (IID) for six months. Suspects who refuse testing will have their driver's license suspended for a year.

Drivers whose licenses have been suspended due to OWI charges may apply for a hardship license (TRL). To receive the TRL, applicants must pay a $200 civil penalty, obtain SR-22 insurance, and provide proof of ignition interlock device installation.

What Is the Implied Consent Law in Iowa and How Does It Affect First OWI Cases?

In Iowa, anyone who operates a motor vehicle is subject to the implied consent law. Implied consent laws mean that an individual essentially consents to the administration of a blood, breath, and/or urine test to check for the presence of drugs or alcohol in their system, provided that the law enforcement officer has reasonable suspicion that the individual is under the influence.

If such an individual subsequently refuses to agree to the lawfully requested test, they may face specific administrative and criminal penalties.

When an officer invokes Iowa's implied-consent procedure, the individual will be asked to submit to a chemical test of the breath, blood, or urine.

The individual in question will have their license automatically suspended if they refuse to submit to chemical testing. The driver's license of first-time OWI offenders who refuse testing will be suspended for one year. At the same time, a second or subsequent refusal will result in a two-year administrative license suspension.

Is an Ignition Interlock Device Required for a First OWI Offense in Iowa?

In Iowa, all OWI offenders who have had their driving privileges revoked due to an OWI offense and wish to obtain a Temporary Restricted License (TRL) must install an Ignition Interlock Device (IID). It does not matter if they were convicted in court. They must install an IID if their driver's license was revoked due to an OWI offense.

Furthermore, individuals who refuse chemical testing under Iowa's implied consent law must also install an IID. Installing an IID for a longer duration is mandatory for repeat offenders.

Several costs are connected to an Ignition Interlock Device, including installation, monthly maintenance, and removal fees. The monthly maintenance charge ranges from $50 to $100, while the installation fee ranges from $100 to $200. Additionally, after the required duration has passed, there will be a cost to remove the device. It is crucial to remember that the OWI offender, not the state, is liable for these costs.

Can a First OWI Be Dismissed or Reduced in Iowa?

In Iowa, a first-time defendant in an operating while intoxicated case may have their offense reduced to reckless driving (otherwise referred to as "wet reckless) if they (the offender) comply with certain conditions. These conditions often include not having any prior criminal record, recording a low or borderline blood alcohol concentration (e.g., close to the 0.08% legal limit) during their arrest, and having no aggravating factors (e.g., accident, injury, or property damage) associated with their OWI arrest.

Additionally, a first-time OWI offender may have their charges reduced or dismissed if procedural issues, such as improper testing or questionable traffic stops, are connected to the case.

Eligible defendants may also avail themselves of the state's Deferred Judgment Program. Under this program, the court may withhold a formal conviction against a defendant if they meet specific probationary requirements. These eligibility criteria include the following:

• Absence of any prior OWI convictions or deferred judgments.
• Blood alcohol test results were below 0.15%.
• Compliance with chemical testing.
• No injury or death was recorded during the offender's OWI arrest.

First-time OWI offenders who complete probation terms may have their charges dismissed and expunged from their records.

Long-Term Consequences of a First OWI

Employment: Finding work with any form of felony conviction, even an OWI, is tough. Even individuals who are already employed risk losing their jobs if their employer learns about the charges against them.

Education: Colleges, universities, and technical schools all inquire about criminal histories on applicants' applications. Applicants with an OWI record may be denied admission and disqualified from scholarships or awards.

Housing: Landlords may refuse to rent to individuals with criminal records, including first-time offenders of operating while intoxicated (OWI). They may see such individuals as hazardous. Therefore, they reject their application.

Car insurance: A driver with an operating while intoxicated criminal record is at a greater risk of getting into a crash. Consequently, insurance companies tend to charge such individuals more for coverage.

Do You Need an OWI Attorney in Iowa?

Individuals dealing with OWI matters in Iowa are not legally required to retain an attorney. However, considering the complexity of Iowa OWI cases, having one may be beneficial. The following are some of the reasons why OWI offenders should hire an attorney:

• Following an arrest, meet with the offender at the police department or precinct to advise them on whether or not to take the Datamaster test.
• Initially, provide a free consultation, allowing the offender to enter into an attorney-client relationship.
• Guide the arrestee through Iowa's OWI law, including implied consent law, administrative and criminal proceedings, and more.
• Assist an OWI offender in locating a substance abuse evaluator and alcohol abuse treatment, if necessary.
• If the offender's license has not already been revoked, assist them in scheduling and preparing for a DOT hearing.
• Explain to the offender the consequences they may face if convicted and their alternatives to jury trial or plea bargaining.
• Offer legal advice on the following measures to take.
• Assess whether law enforcement conducted a legal traffic stop.
• Analyze the State's evidence for procedural error.
• Review the DataMaster's calibration and certification records.
• Assess how field sobriety tests were administered.
• Investigate if law enforcement correctly advised an offender concerning their rights.
• Review whether law enforcement respected the offender's right to call their counsel and family members.
• Check if law enforcement correctly advised the offender of the consequences of taking the Breathalyzer and failing, as well as the consequences of refusing.
• Determine if law enforcement respected the offender's right to independent testing.
• Ensure that an offender's prior convictions in other states are not counted as prior OWI convictions unless the State can prove that the processes were substantially similar.
• Ensure the offender's rights to a prompt indictment and trial are respected.