Iowa DUI Laws & Attorneys
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Iowa’s state motto is, "Our liberties we prize, and our rights we will maintain." If you are arrested for driving under the influence of alcohol or drugs, the best advice for keeping your liberty and maintaining your rights is to seek the assistance of a talented Iowa OWI (operating while intoxicated) attorney.
Driving under the influence (DUI) in Iowa is defined as having the immediate, actual physical control of a vehicle that is in motion or has its engine running while possessing a blood, breath or urine alcohol content in excess of .08%. So, sitting in an auto, as long as the engine is not running, does not constitute operating a vehicle, and is not an OWI offense.
A blood alcohol content (BAC) in excess of .08%, has to be measurable within two hours of operating a vehicle. Under what is called a per se law, it is assumed that at .08% or greater you are impaired. However, if no chemical test result is available, or the test result indicates a BAC under .08%, the prosecution must prove that the individual was under the influence and driving in an impaired or unsafe manner. The case may rest on the subjective opinion of a police officer based on whether the suspect’s mental ability had been affected and judgment had been impaired or if the driver was visibly over-excited or displayed watery, bloodshot eyes, slurred speech or displayed the loss of bodily coordination.
Only a licensed physician, licensed physician's assistant, medical technologist or registered nurse may withdraw a specimen of blood for the purpose of BAC testing under Iowa DUI law. You may request an independent chemical test at your own expense. But keep in mind two points: first if the police interfere with your request, this may result in suppression of the state’s chemical test result. Secondly, remember that there are federal laws restricting and regulating the use of medical records concerning drug and alcohol test results. Your Iowa DI attorney will put the hospital on record that your records are subject to strict federal disclosure laws.
As in most states, you’ll face a gauntlet of two similar, but separate proceedings when charged with an Iowa DUI. One is a criminal court proceeding and the other is a civil hearing administered by the Iowa State Department of Transportation, Division of Motor Vehicles (DMV). The court will hand down any criminal penalties resulting from a DUI conviction. In the civil hearing, the DMV acts as the judge and jury, and oversees driver’s license sanctions. The penalties imposed by the two proceedings may differ or be similar, but generally will run concurrently (at the same time).
If you haven’t been drinking or you believe that you might have ingested or inhaled alcohol-based paints, solvents, mouthwash or prescription or over-the-counter drugs, be aware that you can still arrested for driving in an impaired or unsafe manner, even if you are not “legally drunk” under Iowa DUI law.
When arrested you have a right to place phone calls and/or consult in person with an attorney and/or family member prior to making a decision regarding chemical testing. Law enforcement persons are not required to advise individuals of this right. But once a request is made, the officer is obligated to provide a reasonable opportunity to exercise this right.
– Info You Need To Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focus on four areas: driving patterns, physical appearance, field sobriety tests and chemical tests.
Not all reasons offered by officers are always legal. Check with an Iowa DUI attorney who will examine all the different aspects of your case, defend you aggressively and try to mitigate any penalties.
I’m Simply Going to Plead Guilty, Why Do I Need a Lawyer?
Experienced and skilled Iowa DUI legal counsel may be able to mitigate your problems by minimizing your legal penalties and maximizing your defenses. A DUI conviction can disrupt your life in ways you might not be aware of. An Iowa DUI defense attorney will level the playing field between you and the prosecution in an effort to exercise and preserve your constitutional rights.
Should I Retain an Iowa DUI Attorney?
Iowa’s DUI penalties and the numerous, complicated laws should be taken very seriously as their consequences can be long lasting and severe, both in court and DMV hearing. It’s always wise to consult a lawyer for a situation as complex as a Iowa DUI charge.
When considering consulting an Iowa DUI attorney, take into account the impact on your life of a criminal conviction: increased cost or cancellation of auto insurance, lowered credit ratings, lost educational opportunities, the inability to rent or own cars, restrictions on travel, loss of security clearances, employment barriers, possible loss of professional credentials or certifications, loss of voting privileges (if convicted of a felony), and the loss of freedom if you are sent to jail. Don’t you think your rights, personal possessions, achievements, and abilities and are worth protecting?
What’s an Iowa DUI Attorney Going to Cost?
One of the biggest concerns for people charged with a DUI is attorney fees. As cases vary, so does the cost. Most people don’t realize that money spent now on skillful help from an Iowa DUI attorney might save them thousands of dollars in the years to come. Can you put a price tag on your rights, your name, a clean record and your freedom?
What Are Statutory Assessments?
Additional court costs charged to you depending on the state penal or vehicle code violated.
What If I Refuse To Take a BAC Test?
Your driver’s license or privileges (for those out of state) can be suspended for a period of one year. You have 10 days to make a written request to the DMV for a license suspension hearing. Failure to appear at the hearing will result in the automatic suspension of your driver’s license.
Can I Get My Record Expunged?
There is no provision for the expungement of an Iowa OWI criminal conviction. If you have been arrested for violating Iowa’s drunk driving laws, it is critical that you consult with a qualified Iowa OWI attorney as soon as possible.
Can I Plea Bargain?
There are no statutes for plea bargaining. A plea bargain means that you agree to plead guilty to a lesser charge or have your attorney and prosecutor agree to a lesser penalty. You cannot organize a plea bargain without an attorney. A practiced Iowa DUI attorney may be able to negotiate a plea to a lesser charge or diminish maximum penalties prior to a trial.
I’ve Heard of A Nolo Contendere Plea. What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) serves as an alternative to pleading guilty or not guilty. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available for several reasons.
In any case, without services of a veteran Iowa DUI specialist, specialized pleas or plea bargaining is not possible.
What If I Am an Out of State Driver?
A notice of an Iowa DUI conviction will be sent from the Iowa Department of Public Safety and/or Division of Motor Vehicles to your home state, which will probably impose DUI penalties on you. Iowa, as does most states, considers an out-of-state conviction as a prior DUI.
Is Being Punished by the Iowa Department of Transportation and the Criminal Courts Double Jeopardy?
Iowa DUI law permits the enforcement of administrative penalties in addition to court punishments. This is because the state considers driving a privilege, not a right, and is therefore not subject to civil liberties. The Iowa DMV administers drivers’ licenses, imposes civil penalties, and serves as the judge, jury and meets out punishment in Iowa DUI cases.
-- Iowa DUI Criminal Penalties --
Ist Iowa DUI Offense
A misdemeanor.
Out-of-state DUI convictions, within the last 12 years, counts as a “prior.”
Up to1 year, but no less than 48 hours in jail. Weekend Intervention or in-patient and residential substance abuse programs program may be used to satisfy requirements.
$1,250 to $1,500 in fines, plus 32% surcharge in addition to court costs.
An alternative to fines may be community service.
Substance abuse evaluation required.
Drinking driver’s course required.
Restitution, if any, required.
May have to attend a Victim's Panel.
Mandatory ignition interlock device if BAC is.10% or greater or if an accident occurred. The ignition interlock will prevent you from driving your vehicle if you have any alcohol in your system.
If the BAC is under .15%, with no accident resulting in bodily injury and no prior judgment for OWI, you may be eligible for a deferred judgment which avoids jail time.
2nd Offense
Aggravated misdemeanor.
Up to 2 years but no less than seven days in jail.
$1,850 to $5,000 fine, plus 32% surcharge and court costs.
Substance abuse evaluation required.
Drinking driver’s course required.
Restitution, if any, required.
Convictions or deferred judgments with in the last 12 years – in any state – are counted as prior offenses.
3rd Offense
Class D Felony.
6 years suspension of driving privileges.
Up to 5 years, no less than 30 days in jail.
$3,125 to $7,500 in fines, plus 32% surcharge and court costs.
Substance abuse evaluation required.
Drinking driver’s course required
Restitution, if any, required.
Any time there are multiple charges, or if death or injuries occur, the fallout for an Iowa DUI will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and of loss of driver’s license for years. We cannot recommend too strongly retaining an experienced Iowa DUI attorney.
– Department of Transportation, Division of Motor Vehicles Penalties –
1st Iowa DUI Offense
The “look back” period is 12 years to determine if there has been a prior DUI.
180-day revocation of driving privileges.
Eligible for temporary license if BAC is under .15% and no accident causing personal injury or significant property damage.
30 day wait for temporary license if BAC is over .15% or an accident occurred.
Mandatory ignition interlock for temporary license if BAC is greater than .10% or an accident occurred.
Ignition interlock devices must be put on all vehicles owned and operated by a person seeking a temporary license.
Successive Offenses
1 year revocation of license.
1 year waiting period for a temporary driver’s license.
Mandatory ignition interlock device to get a temporary license.
1st Refusal for BAC Test
1-year revocation of license.
90 days wait for temporary license.
Mandatory installation of an ignition interlock device.
Successive Offenses
2-year revocation of license.
Eligible for temporary license after 1 year with mandatory ignition interlock device.
1st Offense Iowa DUI/Commercial Driver’s License (CDL)
1 year suspension of driver’s license for drunk driving while operating any vehicle with BAC of .04%.
1 year suspension of license for refusal of testing.
3 year revocation of license if the offense occurred while transporting hazardous materials.
30 to 90 days revocation if a deferred judgment is entered with no priors.
A work permit may not be used for operation of a commercial vehicle.
Federal laws require all commercial drivers to participate in a random drug and alcohol testing program.
2nd Offense
Lifetime ban from operating a commercial vehicle, which may be reduced to 10 years license revocation under certain circumstances.
No temporary driver’s license will be issued.
Transporting hazardous material with DUI results is an automatic lifetime revocation of CDL.
Underage DUI
.02% to .07% BAC license revoked for 60 days on a 1st violation.
These revocations are administrative and are not dependent upon criminal charges being filed.
Not eligible for a temporary restricted license.
Under 21 Refusing Test
1 year driver’s license revocation for 1st offense.
2 years revocation for subsequent offenses.
Reinstating a Driver's License
$200 civil penalty.
Proof of completion of a drinking driver’s course.
Proof of completion of substance abuse evaluation and treatment or rehabilitation services ordered or required by the court.
Must comply with insurance or financial responsibility law if applicable.
– Disclaimer –
Only skilled experienced Iowa DUI attorneys should provide you with bona fide legal advice concerning Iowa drunk driving laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, but rather as suggestions and a range of helpful information that should not be substituted for speaking with accredited Iowa DUI attorneys. There is no warranty, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Iowa OWI lawyer.
– Citations –
Iowa State Code Title 8, section 321J.1 through 321J.25
http://www.resourcesforattorneys.com/iowacodes.html
Iowa Department of Transportation
http://www.dot.state.ia.u
