Second Offense DUI in Iowa

In Iowa, a person commits the offense of operating while intoxicated (OWI) if that person operates a motor vehicle while under the influence of alcohol, drugs or a combination of both. The driver also violates the OWI law if his or her blood alcohol content (BAC) is .08 or more, which is the per se measurement in all states. The per se law makes the driver culpable even minus any outward signs of intoxication. An OWI in Iowa is similar to driving under the influence (DUI) violations in other states. A first OWI violation in Iowa is a serious misdemeanor. However, a second violation is an aggravated misdemeanor with enhanced penalties. In addition to criminal penalties, violators may also face administrative penalties in the form of license revocation.

A driver under 21 years of age violates the OWI law if his or her BAC iw .02 or more.

OWI (DUI) Laws in Iowa - Second Offense

Administrative Penalties

Under Section 321J.2(3)(c) of Iowa's code, upon a second OWI violation a violator's license may be revoked for a period of one year. However, if the revocation is pursuant to the driver's refusal to submit to chemical testing, the revocation period is two years. If there were no prior revocations under this section, the period of revocation is 180 days. In this case, an offender may request a temporary restricted license in exchange for the installation of an ignition interlock. However, if the driver refuses to submit to chemical testing, he or she is not eligible for a temporary restricted license for a minimum period of 90 days. If the driver had a BAC of .08 or more but less than 1.0 at the time of the offense, and an accident occurred, he or she is ineligible for a temporary restricted license for at least 30 days and have an ignition interlock installed on all of the driver's vehicles. Absent any accident, there is no period of ineligibility and no requirement for interlock installation.

A driver under the age of 21 caught operating a motor vehicle with a BAC of .02 will have his or her license revoked for a period of time specified under this section.

Criminal Penalties

A second DUI offense in Iowa incurs a minimum imprisonment period in the county jail or community-based correctional facility of seven days but not more than two years. Also, the violator must pay a minimum fine of $1,850 up to a maximum of $6,250. Surcharges and other fees may also be assessed. Additionally, the violator may be sentenced to a substance abuse evaluation and treatment, a course for drinking drivers, or a reality based education program for substance abuse prevention.

Lookback Period

In determining a second or subsequent offense, the court will not look at prior offenses deleted from motor vehicle operating records. However, deferred judgments for similar violations will be counted as well as similar violations in other states and jurisdictions. Each previous violation on which a conviction or deferred judgment was entered prior to the date of the current violation will be considered and counted as a separate previous offense.

Felony vs. Misdemeanor in Iowa

A second offense is classified as an aggravated misdemeanor, a step up from a regular misdemeanor for a first offense. An aggravated misdemeanor accrues the criminal penalties mentioned above. However, upon a third or subsequent OWI violation in Iowa, the driver is guilty of a Class D felony.

A Class D felony incurs the following:

1. an indeterminate incarceration period in the department of corrections for a minimum of 30 days not to exceed five years;
2. if the court suspends the sentence, then the violator must serve a minimum of 30 days but not more than one year in the county jail;
3. fines may be assessed at a minimum of $3,125 and a maximum of $9,375, not including any surcharges and other fees;
4. license revocation for a period of six months; and
5. assignment to substance abuse evaluation and treatment, a course for drinking drivers, or a reality education substance abuse program

Plea Options

A person charged with driving under the influence of a controlled substance can assert as a defense that the substance was prescribed and taken according to the directives of a practitioner and the labeling directions of the dispensing pharmacy. Also, the testing must have occurred within two hours after the defendant ceased driving or control of a motor vehicle. Test results that fall outside this parameter may not be admissible and in this case, the attorney may advise the defendant not to plead guilty.

A person with a prior conviction under this section is not eligible for deferred judgment.

Consult an Attorney

If you face DUI charges in Iowa, you risk up to two years in jail if convicted. Also, you may have to pay fines up to just over $6,000. Talk with an experienced DUI attorney to discuss possible defenses and plea options in case of prosecution.