Iowa operating while intoxicated (OWI) arrests generate two separate and distinct drunk driving cases: in court, and at the Iowa Motor Vehicle Division. The court case can result in fines, jail time, and other consequences, and at the MVD, the person's driving privileges are at risk.

An Iowa OWI can have severe consequences, so it is it’s imperative for anyone accused of drinking and driving in Iowa to consult with an Iowa lawyer with experience defending OWI cases. The expert attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com have the experience and skills needed to attack a drunk driving arrest anywhere in the state.

There are two elements to an Iowa OWI case – driving under the influence, and violating the state’s “per se” laws. The first charge relates to the mental and physical condition of the driver. A separate but related offense is driving with a blood alcohol content (BAC) of .08 percent or greater.

Iowa law requires that a criminal defendant's guilt be proven beyond a reasonable doubt; if there is a reasonable doubt about any element of the prosecutor's case, the defendant must be found not guilty.

Therefore, in order to obtain a conviction in an Iowa OUI case, the prosecutor must prove beyond a reasonable doubt that the driver was operating a motor vehicle while under the influence of alcohol or drugs; or had a BAC of .08 percent or greater.

Iowa OWI cases often hinge on precise legal definitions. "Operating" is defined by the Iowa Supreme Court as "the immediate, actual physical control over a motor vehicle that is in motion and/or has its engine running."

Therefore, sitting in a vehicle, even with the keys in the ignition, does not and cannot constitute "operating" if the engine isn’t running. This is a critical distinction for anyone accused of Iowa OWI.

Iowa has a 12-year “washout” period for OWI offenses, meaning that if the driver has had a drunk driving conviction or deferred judgment within the past 12 years, the later arrest will be treated as a multiple OWI. If a prior conviction or deferred judgment took place more than 12 years earlier, the second arrest will be treated as a first offense.

The punishment associated with drunk driving in Iowa has gotten progressively harsher over the years. A first-offense drunk driving conviction can bring up to one year in jail and/or a fine of up to $1,500. The defendant should expect to spend a minimum of two days in jail. The good news is that the driver may be eligible for a deferred judgment if he or she submitted to a chemical test, had a BAC of .14 percent or less, and has no prior OWI convictions.

The potential punishment for a second offense is considerably greater. A second-time OWI offense is punishable by up to two years in prison and/or a fine of up to $5,000.

If convicted, the driver should expect a minimum sentence of seven days in jail and a fine of at least $1,850.

A third or subsequent drunk driving offense is considered a class D felony. A driver convicted of a third-offense felony OWI in Iowa can be sentenced to up to five years in prison and/or a fine of up to $7,500. The driver faces a minimum sentence of 30 days in jail and a fine of $3,125

Iowa OWI arrests also trigger an administrative action where the driver's license may be suspended or revoked. Administrative penalties for Iowa OWI arrests are separate and apart from any drunk driving conviction in criminal court.

First offenders who submitted to a chemical test face a180-day revocation but are eligible for a temporary license immediately as long as there was not an accident causing personal injury or property damage and driver’s chemical test revealed a BAC of .14 percent or less.

Drivers with a BAC of.15 or greater, or who were involved in an accident, must wait 30 days for a temporary license. Ignition interlock devices must be put on all vehicles owned and operated by a person seeking a temporary license.

Drivers with prior OWI convictions face a one-year revocation, and are not eligible for a temporary license.

Drivers who refused chemical tests after arrest face longer license revocations. A first offender who refused to submit to a chemical test faces a one-year revocation. The driver is eligible for a temporary license after 90 days if an ignition interlock device is installed.

Multiple offenders who refused chemical tests will lose their licenses for two years, but be eligible for a temporary license after one year with the installation of an ignition interlock device.

Drivers who receive a deferred judgment after a first-time Iowa drunk driving arrest face a 30- to 90-day license suspension.

Obviously, the stakes are extremely high in an Iowa OWI case, so it’s imperative to have an expert attorney fighting for the driver’s rights. The skilled attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com have the experience needed to aggressively fight a drunk driving charge anywhere in Iowa.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.