The state of Iowa classifies someone who drives drunk as DUI or OWI, meaning driving under the influence or operating a vehicle while intoxicated, respectively. Iowa DUIs Can have harsh consequences and lead to the loss of your driving privilege and jail time. In order to be charged with an Iowa DUI the court must prove that the individual broke three Iowa DUI laws.
First, there must be proof that the suspected individual operated a vehicle. Secondly, there must be evidence that the individual was under the influence of alcohol or drugs. And lastly, the suspect has to have had a blood alcohol concentration of .08 or greater. If the suspect meets the criteria for Iowa law on DUI then there is proof beyond reasonable doubt the suspect broke the law and can be charged with an Iowa DUI. Individuals who are being charged with a DUI are recommended to seek legal help from a DUI attorney.
Iowa DUI laws call for different penalties depending on the number of offenses. Someone who commits their first Iowa DUI is charged with a serious misdemeanor. The consequences for a serious misdemeanor are up to 1 year in jail and a fine up to $1,500. The mandatory minimum charge for a Iowa DUI is 2 days in jail and a fine of at least $1,250.
If you are convicted of committing your second Iowa DUI you are charged with an aggravated misdemeanor according to Iowa DUI laws. The guilty person can be charged with up to two years in prison and a $5,000 fine. The mandatory minimum for an Iowa DUI second offense is 7 days in jail and a fine of $1,850.
If you are convicted of a third Iowa DUI you are charged with a class D felony. The penalty for a third offense is up to 5 years in prison and a fine of $7,500. The mandatory minimum for a third offense under Iowa DUI laws is a 30 day jail sentence and a fine of at least $3,125.
Individuals who refuse to take a DUI test will have their license revoked for 1 year and must wait 90 days for a temporary license. The guilty person will also have to install a ignition interlock device. Iowa DUI laws call for such a device in order to prevent offenders from driving drunk if their judgment is impaired and are not thinking clearly.
Those who decline a DUI test for a second time will have the license revoked for 2 years and must wait 1 year for a temporary license. An ignition interlock device must be installed.
In the event a driver causes a death while driving under the influence as proven under Iowa DUI laws, they can be punished with 6 years in prison and can apply for a temporary license after two years. They must install a ignition interlock device.