How to Access Iowa DUI Records
The Iowa DUI laws are the same as the Iowa operating while intoxicated laws. The OWI as the law is generally known can harbor serious consequences for any individual found to be guilty of the Iowa DUI. The entire procedure for an OWI case may be divided into two distinct parts as well. The penalties are usually ordered by the judge presiding over a court of law while the various driving privileges are suspended by the Motor Vehicle Division of the state.
The Iowa Code of 321J.2 prohibits an individual specifically from operating a motor vehicle while under the influence of alcohol or drugs or a combination of both the intoxicating substances. An unusually high occurrence of blood alcohol level frequently exceeding 0.08% is considered to be inadequate for operating a motor vehicle. But the specific nature of the state statute pertaining to the Iowa DUI cases makes it illegal to prosecute an individual simply on the basis of having an enhanced BAC level unless he/she can be proved of actually driving the vehicle in an impaired state.
Iowa DUI Penalties
The penalties imposed on an individual found to be violating the OWI laws of the state can be severe indeed. While the law goes a little easy on the first time offender who is expected to spend a maximum of a year’s time in jail and pay a fine of $625-$1000, the penalties increase as the number of the offenses go up.
An Iowa DUI offender, thus found guilty of committing the same kind of offenses for the second time will have to face an additional period of incarceration as well as pay a higher fee of up to $6,250. The third time offense is severely punished with both the amount of the fee as well as the jail time being increased appreciably as well. The Motor Vehicles Department, on the other hand is responsible for suspending the driving privileges of a convicted DUI offender in the state of Iowa.
The revocation of your driver’s license for the periods of one, two or six years may be possible for the first, second and third instances respectively for the violation of the Iowa OWI laws.
You are certain to obtain a deferred judgment specially where your BAC levels are well under 0.15% and you did not refuse a breath or blood test. The absence of prior OWI/DWI cases against you may also be considered for a deferred judgment. Causing grievous bodily harm or a homicide unintentionally while under the influence is considered to be an out and out criminal case and cannot be considered for a deferred judgment under any circumstances whatsoever.
Iowa Driving Records and OWI
Revocation or the suspension of the driver’s license can mean that the record of an Iowa DUI offense will remain permanently in your driver’s license. The conviction will reflect on your record for a period of 12 years at least. An Iowa OWI cannot be expunged or sealed off effectively by requesting the judicial system of the state. The driving record also includes information about the details of the conviction even if the OWI or DWI incident did not take place within the state limits of Iowa.
It is possible to request a certified copy of your own driving record from the division of motor vehicles, Iowa. The mail specifying the request needs to be forwarded to the Office of Driver Services, Iowa Dept. of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204.
A completed privacy act agreement form of the Department of Transportation is mandatory for obtaining a record along with the copy of your license or any other identity card recognized by the government. You may also request a copy of the driving record of a third person by the same method if you have their written consent. The form can be downloaded from the official website of the Department of Transportation by following the appropriate link from http://www.iowadot.gov/MVD/ods/driverrecord.htm.
Iowa Criminal Records
The Iowa Department of Public Safety maintains all the criminal records for the state. The Division of Criminal Investigations usually known as the DCI acts as the central repository for the state criminal records. While minor traffic incidents like a simple case of speeding are not included in such records, OWI cases especially those adjudged as instances of serious misdemeanors and felonies can be retrieved by going through the database of the DCI.
You do not have to be privy to the entire information while conducting a search. A simple search by name, gender as well as the date of birth will enable you to view the results of your search from http://www.dps.state.ia.us/DCI/ . It is also possible to obtain the specific forms in order to request a particular OWI record from the department as well.
The requests for forms can be made over the telephone at (515) 725-6066 or downloaded from the website: http://www.dps.state.ia.us. You can also visit the offices of the DCI at 215 E. 7th Street, Des Moines, Iowa in order to conduct a search through the databases of the division itself. But you will only be able to access your own records by this procedure. The department processes requests for the records of the other individuals in accordance with the Code of Iowa, Chapter 692.2(1). You will need to pay an amount of $10 per search for accessing and retrieving the OWI records from the office of the DCI.
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