Iowa DUI/DWI Laws: Penalties, Court Process, and Records

The official term in Iowa law for driving offenses caused by drug or alcohol impairment is Operating While Driving (OWI). Iowa has strict laws that punish both drug- and alcohol-related offenses and can escalate penalties for repeat offenders. Let’s explore OWI laws, the court process, the penalties, and how long OWI convictions stay on record.

What Is an OWI (DUI/DWI) in Iowa?

In accordance with Iowa Code §321J.2, an OWI occurs when a person drives a vehicle under certain conditions:

• With a blood alcohol concentration of 0.08% or higher (0.04% for commercial drivers)
• With any amount of a controlled substance in their system
• While under the influence of alcohol, drugs, or both in a way that makes it unsafe to drive.

In Iowa, drivers under 21 are subject to a zero-tolerance law, meaning a blood alcohol concentration of 0.02% or higher can lead to an underage OWI.

OWI Penalties in Iowa

The state of Iowa applies a 12-year look-back period for OWI cases. Any conviction within that timeframe counts towards sentencing for a later offense:

First OWI Offense

A first OWI offense in Iowa is a serious misdemeanor carrying 48 hours to 1 year in jail and a fine of $625 to $1,250. The driver’s license can be suspended for 180 days to 1 year. Also, the court may order substance abuse evaluation or treatment.

Second OWI Offense

This is an aggravated misdemeanor that carries penalties like 7 days to 2 years in jail and fines ranging from $1,875 to $6,250. Moreover, the driver’s license may be revoked for 1 to 2 years, and an ignition interlock device (IID) is required to have the license restored.

Third or Subsequent OWI Offense

A subsequent offense in Iowa is treated as a Class D felony. It carries 30 days in jail up to 5 years in prison, fines between $3,125 and $9,375, and a 6-year license revocation. Furthermore, the court may require a substance abuse evaluation and treatment, and restore the revoked license after the installation of an ignition interlock device (IID).

DUI Arrest and Court Process in Iowa

Below is a breakdown of how the arrest and court process for an OWI in Iowa works:

Traffic Stop and Arrest

A driver may be stopped by a law enforcement officer for suspicion of impairment. Upon getting a positive result from the preliminary breath test, the officer can arrest and take the driver into custody.

Booking and Charges

At the jail or detention center, the driver is booked, and release conditions may be set.

Administrative License Revocation (ALR)

Before appearing in court, the Iowa Department of Transportation (IOWA DOT) may suspend the driver’s license based on the blood alcohol concentration level or test refusal.

Arraignment

The driver appears before a judge, is informed of the charges, and enters a plea of no contest, not guilty, or guilty.

Pre-Trial Hearings

During this stage, the defense and prosecution exchange evidence, and a plea negotiation may take place between them.

Trial

If no plea is reached between both parties, the case must move to trial. Then, the prosecution must prove the impairment beyond a reasonable doubt, while the defense can challenge the accuracy of the test.

Sentencing

If the defense is found guilty of the offense, sentencing follows based on whether it is a first, second, third/subsequent OWI offense.

Iowa does not have wide diversion programs for OWI, but some first-time offenders may qualify for a deferred judgment. This action can lead to the charges being dismissed if all conditions are met.

How to Search for OWI Records in Iowa

Iowa residents can access OWI records using a variety of state systems:

• Iowa Courts Online Search: Provides public access to case filings, charges, and sentencing for OWI cases heard across Iowa District Courts.
• Iowa Department of Transportation (Iowa DOT): Keeps driving records such as OWI-related license suspensions, revocations, and reinstatement requirements.
• Third-Party Background Checks Platforms: Individuals can find aggregate information from state and county databases in Iowa. However, these sites may be less up-to-date than official sources.
• Iowa Division of Criminal Investigation (DCI): Allows the public to conduct criminal history checks, which include OWI arrests and convictions.

In Iowa, OWI records often show details like blood alcohol concentration levels, when the arrest happened, the outcome of the case, the punishment, and any license actions.

How Long Does an OWI Stay on Your Record in Iowa?

OWI convictions in Iowa have long-term consequences for both criminal and driving records:

• Criminal Record: An OWI conviction stays permanently on an individual’s criminal record unless it is expunged.
• Driving Record: OWI convictions remain on an Iowa driving record for 12 years and can impact sentencing for repeat offenses.
• Insurance and Employment: An OWI may increase insurance rates for 5 to 10 years. In addition, employers can see an OWI if they run a criminal background check on a prospective employee.

Iowa applies harsh penalties for OWI offenses, especially for repeat offenders. An offender may be charged with a felony if they have multiple histories of OWI offenses. To find OWI records, requesters must visit the relevant government offices, their designated portals, or use reliable third-party websites. Due to the long-lasting consequences of impaired driving in Iowa, it is important for residents to understand the state’s OWI laws.