Iowa Drunk Driving Laws Penalties Jail Time Fines

Gourley, Rehkemper & Lindholm
Protecting The Rights Of Iowans
OWI - DUI Defense Attorneys

January 18 2012 - Webster City, Hamilton County, Iowa. Client's 1st OWI Offense was amended to Public Intoxication after defendant�s motion to suppress was granted due to the officer violating defendants right to place phone calls after the arrest. License was spared.

January 17 2012 - Boone, Boone County, Iowa. Client was charged with OWI 1st Offense and driving while drugged. charge was amended to Public Intoxication after motion to suppress was granted as a result of officer not complying with urine sample collection requirements. license was spared.

January 10 2012 - Ankeny, Polk County, Iowa. 1st Offense OWI, Reckless Driving charge amended to driving left of center. Charges were dismissed and License was spared.

December 13, 2011 - Pocahontas, Pocahontas County, Iowa. Not Guilty of OWI Third Offense (Class D Felony) and Two Counts of Child Endangerment (Aggravated Misdemeanors). Judge granted defenses Motion for Judgment of Acquittal following the State resting its case.

November 28, 2011 - Oskaloosa, Mahaska County, Iowa. First Offense OWI/DUI dismissed after court grants defendants motion to suppress evidence. driving privileges spared.

November 02, 2011 - Urbandale, Polk County, Iowa. 1st Offense OWI Operating While Intoxicated 1st Offense charge amended to Reckless Driving.

October 27, 2011 - Jefferson, Greene County, Iowa. 1st Offense Operating While Intoxicated (DUI) amended to improper headlamp. license saved and OWI charge was avoided.

NOT GUILTY BY JURY TRIAL: OWI - 1st Offense
West Des Moines, Polk County, Iowa

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Quick Reference

Drivers License Consequences

The DOT only looks at prior drunk driving license suspensions within the past 12 years to determine if the current charge is a 1st, 2nd or subsequent offense. Zero tolerance (.02) offenses count!

First
Offense

Second Or
Subsequent

Failure

Refusal

Failure

Refusal

Suspension Period

6 Months

1 Year

2 Years

Hard Suspension Period

Over .15 or accident = 30 Days

Under .15 and no accident = none

90 Days

45 Days

90 Days

Ignition Interlock

.100 or under and no accident = none

Over .100 required for TRL

always

CDL

1 year (per DOT)

1 year

lifetime

Criminal Consequences if Convicted

first
offense

Second
offense

third
offense

failure

refusal

failure

refusal

failure

refusal

Mandatory
Minimum jail time

2 days if under .15 and no PI accident - possibly no jail - deferred judgement

2 days

not eligible for deferred

7 days

30 days

mandatory
minimum fine

$1250 plus 35% surcharge

$1850 plus 35% surcharge

$3125 plus 35% surcharge

other

if convicted may not register a vehicle in your name

FELONY!

if convicted may not register a vehicle in your name.

Conviction requires 6 year court imposed driver’s license barrment.

No benefit to consenting to test unless absolutely certain will blow under .08

Substance Abuse Evaluations

For more information about substance abuse evaluations required under Iowa law, please visit Substance Abuse Evaluations (the link will open a new window with the information).

For more information please contact
one of our expirenced attorneys today!

Call 1.888.278.1027

GRL's attorneys frequently appear in the courts in Des Moines, Iowa and West Des Moines, Iowa (Polk County), Waterloo and Cedar Falls, Iowa (Black Hawk County), Cedar Rapids, Iowa (Linn County), Iowa city, Iowa (Johnson & Washington County), Omaha and Council Bluffs, Iowa (Pottawattamie County), Davenport, Moline, Rock Island, Iowa (Scott County), and Sioux City, Iowa (Woodbury County), as well as Dubuque, Monroe, De Soto, Nevada, Story City, Pleasant Hill, Capitol Heights, Marquisville, Urbandale, Clive and Windsor Heights, Iowa, and all other areas in Iowa.

Attorney Cory Gourley, Attorney Robert Rehkemper & Attorney Matthew Lindholm, the founders of Gourley, Rehkemper & Lindholm represent people in legal matters involving criminal prosecution for felony & misdemeanor charges, residential real estate, business law and contracts, divorce and family law and personal injury.

OWI Penalties and Consequences

Quick Reference

Drivers License Consequences

Criminal Consequences if Convicted

Substance Abuse Evaluations