Second Offense OWI in Iowa

In Iowa, driving under the influence (DUI) is the same as operating while intoxicated (OWI). Under the Iowa Code § 321J.2 (I.C), a person commits an OWI offense If the person operates a motor vehicle while under the influence of any combination of alcohol and drugs or while having an alcohol concentration of 0.08% or higher. A violation of this law is subject to an arrest and a range of penalties, depending on whether it's a first-time or repeat offense.

Similar to most states, a second OWI in Iowa is usually charged as a misdemeanor that carries even more serious penalties than a first OWI conviction. The increase in penalties shows the state's position on repeat offenders and the high risk of harm due to multiple incidents of impaired driving.

Is a 2nd OWI a Felony in Iowa?

In Iowa, the first OWI is a serious misdemeanor charge, while the second OWI is aggravated. A first OWI offense can become an aggravated OWI if it occurs after a time-lapse of 10 years or more from the last incident. On the other hand, a misdemeanor can be elevated to a felony under specific aggravating circumstances, including:

• The offender causes serious injury or drives in a way that is likely to cause death (§ 707-6A)
• High blood alcohol concentration of 0.08% or above
• A third or repeat OWI offense occurs within 12 years
• A minor (child under the age of 16) is present in the vehicle during a DUI.

What is the Lookback Period for a Second OWI in Iowa?

A lookback period for a second OWI is a time frame that allows the state court to use prior drunk driving convictions and expungements to improve conviction penalties. In Iowa, the lookback period for an OWI offense is 12 years. For a first OWI violator to be elevated to a second OWI Offense, a prior conviction to OWI must have happened within the last 12 years (lookback period) from the date of the new offense.

What are Aggravating Factors in a Second OWI?

When aggravating factors are present in a second OWI offense, the conviction charge can carry more serious penalties that may even lead to a felony. Aggravating factors bring about harsher consequences, such as increases in fines, longer incarceration periods, and extended license suspension. Examples of these factors include:

• Past OWI conviction (if an offender has an OWI conviction within the last twelve years)
• A BAC level of above 0.15% (nearly double the standard limit of 0.08%)
• Driving with a child passenger in the vehicle
• OWI arrest involving an accident that results in serious injuries
• OWI arrest involving an accident that results in death

What Happens If You Get a 2nd OWI in Iowa?

The possible penalties for an Iowa OWI conviction may vary depending on the offender's past history of OWIs. The following are the minimum and maximum penalties for a second OWI in Iowa:

• A maximum of up to two years and a minimum of less than 7 days in jail
• A fine of up to $6,250, which includes surcharges and court costs
• Driver's license suspension (refusal to take a chemical test)
• Substance abuse evaluation
• Drinking drivers course
• Restitution (if any).

How Long Does a Second OWI Stay On Your Record in Iowa?

A second OWI in Iowa may stay on a person's driving record for 12 years but will remain on a criminal record forever. Although misdemeanor convictions do not have more serious consequences than felonies, they have long-lasting effects on a person's life. An employer may run background checks that could disqualify a person from job opportunities. Additionally, an aggravated misdemeanor on a person's record can cause issues with personal reputation or obtaining a child care center license, especially if the misdemeanor is for violent or sexual crimes.

How Much Does a Second OWI Cost in Iowa?

A second OWI offense in Iowa is an aggravated misdemeanor with monetary fines of up to $6,250 and less than $1,875, including a surcharge, Drug Abuse Resistance Education, and a restitution fee. These fines are subject to changes when certain aggravating factors are present. The following is a breakdown of the total cost for a second OWI:

• Court costs of at least $100 (depending on the Attorney)
• Approximately $300 for probation fee (subject to change by county type)
• Substance abuse evaluation of about $100
• The restitution fee is, at most, $500 (subject to change, if any).

Chances of Going to Jail for a Second OWI in Iowa

In Iowa, the possible jail sentences specific to a second OWI offense within 12 years are a maximum of 2 years and a minimum of 7 days. There are cases where aggravating factors can cause some changes in incarceration periods for second OWIs. For example, suppose an OWI offender is under arrest for an extremely high BAC level of 0.15%. In that case, the court can impose a longer jail sentence closer to Iowa's maximum jail period.

Driver's License Suspension for a Second OWI in Iowa

Iowa driving offenders who are convicted of aggravated misdemeanors face license suspension. The duration of the suspension is usually determined when the driver agrees to submit to chemical testing. The court will impose a driver's license suspension of between 1 year (if the defendant submitted to chemical testing) and 2 years (if the defendant refused to be tested). Any OWI driver that causes death will face a six-year license suspension and be ineligible to obtain a temporary restricted license for two years.

An OWI offender can apply for a Temporary Restricted License (TRL) or work permit at the Iowa Department of Transportation (IDOT). This document allows the offender to drive a car in any manner during the suspension period. A defendant who submitted to chemical testing is ineligible for a TRL for 45 days after the suspension date. Anyone who wants a TRL after an OWI conviction must be eligible and should install an ignition interlock device (IID) in any vehicle the offender owns or drives. Furthermore, the offender must file proof of financial responsibility (SR-22). To be eligible, the offender:

• Must be an 18-year-old citizen of Iowa
• All Iowa driving privileges must have been suspended or barred.

Ignition Interlock Device Requirement

After a second or repeat OWI conviction in Iowa, the IID must be installed for one year (subject to change by the time period that a TRL was held). (Iowa Code § 321J.17 )

The ignition interlock device stops the car from starting if the alcohol level of the driver's breath is above the standard limit. A second OWI offender is responsible for the financial burden of the IID, including:

• Ignition interlock device installation from between $100 to $200 (for restrictive license)
• IID usage and maintenance cost $60 to $100 per month (depending on the type)
• Removal fees from $50 to $150 (required at the end of the license suspension period).

DUI School and Substance Abuse Treatment

Iowa Law (Iowa Code § 321J.3) requires that all persons convicted of an OWI offense must undergo a substance abuse evaluation at the defendant's own expense, and the court must order the defendant to follow the recommendations of the evaluation. Second and repeat offenders may also be required to participate in a qualified treatment program (Iowa Code § 321J.24).

The Urban Dreams OWI School offers an OWI jail diversion program as an alternative to jail for individuals convicted of an OWI offense. The program provides mandatory IDOT Drinking Drivers Education training for over 48 consecutive hours on one weekend.

Probation Conditions

There are cases of a second OWI conviction where the court may choose to impose a period of probation instead of a longer jail sentence. During this period, offenders are usually required to:

• Comply with a substance abuse counseling program or participate in post-treatment services
• Active check-ins with probation officers
• Abstain from further legal violations
• Participate in community service (often an alternative to more jail time).

Community Service Requirements

Community service is not a mandatory sentence penalty for a second OWI in Iowa. However, the court may order the offender to perform community service when there is a need for alternative ways to pay off a debt. The activities during this service can vary depending on the court or probation officer.

Impact on Auto Insurance

In Iowa, an OWI conviction is a sign of dangerous driving behavior and can lead to higher risks to insure. As a result, insurance companies will increase insurance premiums to offset the perceived risk. The increase in premiums can result in a long-term financial burden, insurance cancellations, and the non-renewal of insurance policies. The insurance company and OWI offender can reduce insurance risks by filing the SR-22 form available at IDOT.

Which Courts Handle OWI Cases in Iowa?

The Iowa District Court handles OWI cases, also known as criminal offenses. Each county in the state has one district court that takes charge of criminal matters at the county level. The following are the various judicial district courts handling OWI cases in Iowa:

Dubuque County - Judicial District 1
720 Central Avenue
Dubuque, IA 52001
Phone: (563) 589-4418
Fax: (563) 557-0614

Boone County - Judicial District 2
201 State Street
Boone, IA 50036
Phone: (515) 433-0561
Fax: (515) 900-1110

Polk County - Judicial District 5
500 Mulberry Street,
Room 212,
Des Moines, IA 50309
Phone: (515) 561-5718
Fax: (515) 323-5250

Benton County - Judicial District 6
111 East 4th Street #4,
Vinton, IA 52349
Phone: (319) 472-2766
Fax: (319) 472-2747

Cedar County - Judicial District 7
400 Cedar Street,
P.O. Box 111,
Tipton, IA 52772
Phone: (563) 886-2101
Fax: (563) 886-3594.

The Iowa Code section 10A.801(5) authorizes the Iowa Department of Inspections, Appeals, and Licensing (DIAL) to handle license issues and administrative hearings for the Iowa Department of Transportation (Driver's Services). Depending on the situation, individuals may contact the department about license privileges and appeals:

DIAL Headquarters
6200 Park Avenue,
Suite 100,
Des Moines, IA 50321.

Can You Get an OWI on a Horse in Iowa?

No. Iowa OWI laws specifically apply to the operation of "motor vehicles, " although riding a horse while under the influence is seen as reckless or disorderly conduct in the state. Public intoxication charges may apply, but an OWI charge is more serious and carries harsher penalties.