- OWI in Iowa: 321J.2(1) A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state 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 any amount of a controlled substance is present in the person, as measured in the person’s blood or urine.
- First Offense = serious misdemeanor. Up to 1 year in jail, minimum 48 hours. Fine of $1250 or community service. 35% surcharge, drunk driving class, substance abuse evaluation and completion of recommended treatment. License revocation for minimum of 180 days.
- Second Offense = aggravated misdemeanor. Up to 2 years in prison, minimum 7 days in jail. Fine of $1875 plus 35% surcharge, drunk driving class, substance abuse evaluation and completion of recommended treatment. License revocation for one year.
- Third or Subsequent Offense = Class D Felony. Up to 5 years in prison, minimum 30 days in jail. Fine of $3125 to $9375 plus 35% surcharge. Drunk driving class, substance abuse evaluation and completion of recommended treatment. License revocation for one year.
- Deferred Judgment. If the court grants a deferred judgment on your OWI charge, you can avoid an “OWI conviction,” by successfully completing probation. After discharge from probation, the court’s criminal record with reference to the deferred judgment, and any related counts that were dismissed by the court shall be expunged. A conviction for OWI may make you ineligible for certain jobs and professional licenses–therefore, a deferred judgment is often very beneficial. If you get a deferred judgment, you will avoid going to jail, and you will save the 35% surcharge, a savings of $437.50 on a first offense OWI. To be eligible for a deferred judgment, all of the following must apply:
1. You request a deferred judgment.
2. You have no prior felony conviction.
3. You have no more than one prior deferred judgment.
4. You have no prior OWI conviction.
5. Your BAC on this occasion was less than .15.
6. You have no prior OWI deferred judgment.
7. You did not refuse the blood, breath, or urine test lawfully requested by a law enforcement officer.
8. Your offense did not result in bodily injury to anyone other than yourself.
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