OWI Iowa Offense and Penalties

Iowa’s OWI or Operating While Intoxicated law states that it is not legal to operate a motor vehicle in the state of Iowa under any of the following conditions:

- while one is under the influence of any drug or alcohol or a combination of both substances
- having an alcohol concentration of 0.08% or higher
- having any amount of controlled substance in any individual’s body

The implied consent law of Iowa means that any person who operates a motor vehicle in the state agrees to have a blood, urine and breath test performed to determine alcohol level or presence of drug in your system, whenever a peace officer has reasonable grounds to believe the person is operating under the influence.

Driver’s License Revocation

License revocation of a driver’s license for failure in chemical test may occur, and following are the definitions of the offenses:

First offense reflects a level of 0.08% in the chemical test or more or the existence of other related substance, and the individual has no prior OWI related revocations in the previous 12 years, the person may apply for a temporary restricted license.

If an accident occurred or their blood alcohol content (BAC) level is greater than 0.15%, the individual must spend 30 days in jail.

It is necessary to install an ignition interlock device for a person whose BAC level is greater than 0.10 or an accident occurred. Anyone caught for OWI who is under age 21 is ineligible for a temporary restricted license until the period of 60 days have passed from the effective date of the sanction. The period for revocation of license can take up to a maximum of 180 days.
 
Second offense or one or more driver’s license revocations in the previous 12 years – An individual is not eligible for a temporary restricted license for one year and the license revocation can take place after one year.

Under age 18 – if the driver is under the age of 18 and his or her driver’s license or operating privileges are revoked administratively or by a court order, the revocation continues until the revocation expires or until the person reaches the age of 18, whichever is later.

If one is convicted in the court of law and the license has not otherwise been revoked administratively

First offense – On conviction, if the driver has no revocations or convictions in the preceding 12 years, the person has the right to apply for a temporary restricted license.

If an accident occurred or the BAC level was greater than 0.15%, an individual must wait for 30 days from the sanction date.

If the BAC level is greater than 0.10% or an accident occurred, then the respective individual will be required to install a ignition interlock device.

An individual has to wait for a maximum of 90 days from the sanction date to apply for a temporary restricted license, if he or she refused the test.

If the person convicted is less than 21 years of age then he is not eligible for a temporary restricted license until 60 days have passed from the effective date of the sanction.

The license revocation in this case can be up to 180 days.

Second offense – An individual is not eligible for a temporary restricted license for one year. The license revocation duration is 2 years.

Deferred judgment – If the driver’s license is not otherwise revoked and the court defers judgment on the sentencing, the person may apply for a temporary restricted license.

If an accident occurred or the BAC level was greater than 0.15%, the individual must wait for a period of 30 days from the effective date of the sanction. A person must install an ignition interlock device, if his BAC level is greater than 0.10% or if an accident occurred. The person must wait for a period of 90 days from the effective date of the sanction if he or she refused the test.

If the individual is under the age of 21, then he or she is not eligible for a temporary restricted license until 60 days have gone by from the effective date of the sanction.  The license revocation for this type of case is 90 days.

Contact Information

If you want to know more about the penalties and OWI laws get in touch with the Iowa Department of Transportation.

800 Lincoln Way
Ames, IA 50010
Phone (515) 239-1101
Fax (Driver services related) (515) 239-1837
(Non-driver services related) (515) 239-1639
http://www.iowadot.gov/owi.htm