Operating While
Intoxicated (OWI)
Intoxicated (OWI)
This is a general overview of the OWI offense in Iowa.
This article is not legal advice. Please contact an
attorney before making any decisions regarding an
OWI criminal charge.
Operating While Intoxicated, or OWI, is one of the
most common offenses in Iowa. (Other jurisdictions
may call this offense a DUI, or DWI).
Iowa Code section 321J.2 defines the crime of OWI as
someone operating a motor vehicle in Iowa under one
or more of the following conditions:
1. While under the influence of an alcoholic beverage
or other drug or a combination of such substances,
2. While having an alcohol concentration (BAC) of .08
or more,
3. While any amount of a controlled substance is
present in the person, as measured in the person's
blood or urine.
What these rules mean is that if a small amount of
alcohol leaves a person intoxicated, he can be found
guilty of this offense even if his BAC is less than the
statutory .08. Also, if a person is not "intoxicated" but
nonetheless has a BAC of .08 or more, then he can
be found guilty.
Finally, if any concentration, even a trace, of an illegal
drug is in a person's system and they operate a motor
vehicle, then they can be guilty of this crime.
Certainly, the first rule is do not drink and drive, even
in small amounts. The second rule is do not use
illegal drugs and drive, even in very small amounts.
The penalties for OWI are severe, and have been
increasing periodically in Iowa. An OWI is an
"enhanced penalty offense" meaning, that
subsequent convictions for this crime carry vastly
increased penalties.
OWI's carry mandatory minimum penalties. What this
means is that if a defendant is found guilty of the
crime, the county attorney must impose a certain
minimum. And these minimums are quite high.
For example, currently a first offense OWI carries the
mandatory minimum of 2 days in jail and a fine of
$1,250.00. There is a surcharge of 32%, bringing this
fine to $1,650.00. Other expenses will follow, such as
court costs (often $50.00), substance abuse
evaluations (around $95.00), probation supervision
fees (around $250.00-$300.00), and license
reinstatement penalties ($200.00). Often times, a
person convicted of OWI will be required to carry
SR-22 (high risk) insurance on their vehicles, and
depending on the level of the BAC, rent an ignition
interlock device to install on their vehicle during the
time that they have a temporary license.
The maximum penalties for a first offense OWI are
one year in jail and a fine of $1,875.00, plus all of the
surcharges, fines, fees, and penalties as discussed
above.
Depending on the result of the BAC, prior offenses,
prior deferred judgments, property damage or
personal injury, and if a defendant did not refuse the
test, a deferred judgment may be available. A
deferred judgment is often an excellent outcome for
an OWI. The deferred judgment will allow a defendant
to avoid jail time.
However, an Iowa Supreme Court ruling from
December 2007 requires that civil penalties be
enforced when a deferred judgment is granted.
Please consult with an attorney before make a
decision regarding a deferred judgment. There are
many factors that must be examined, certainly more
than can be discussed in this article.
Once again depending on many factors, including the
results of the BAC test, a defendant's license will be
suspended. Usually the suspension period runs for
180 days, but in some cases (including when the
police station BAC test is refused) the suspension can
last for one year for a first offense.
It is important that a lawyer handling an OWI case be
familiar with both the criminal and the licensing side of
the OWI case.
A second and third offense OWI's carry much stiffer
penalties. For example, the minimum jail sentence for
a second offense is 7 days in jail. For a third offense,
the minimum jail sentence is 30 days, and the crime is
considered a felony.
Upon arrest for an OWI, action must be taken
immediately. The judge will usually order that a
substance abuse evaluation be completed within ten
days. The Iowa Department of Transportation will
need to know within ten days if you contest the
suspension of your license. The court will set a
preliminary hearing likely within a few weeks of a
defendant's arrest. Much of the rest of the criminal
procedure is discussed here.
Due to the incredible penalties that follow even a first
offense OWI with a relatively low BAC result, each
case must be carefully examined by an attorney
practicing criminal law to determine that all legal
resources are utilized for the defendant.
If the police failed to use proper procedure, a motion
to suppress may be filed. An appeal hearing can be
held with the IDOT to delay or dismiss any license
suspension that may occur. With any penalties that
may have to be enforced, an attorney can help a
defendant work toward getting the minimum fines and
minimum jail time.
If you have been charged with an OWI, please contact
an attorney practicing in criminal law right away.
Mark Thompson, Attorney at Law
220 Lafayette Street
Suite 120
Iowa City, IA 52240
ph: (319) 354-1630
fax: (319) 887-2537
mark@thompsonjustice.com
The information contained in this website is not intended to be legal
advice. With any criminal matter, you should seek the advice of a
lawyer practicing in criminal defense.
Copyright, Mark Thompson, Attorney at Law, All Rights Reserved.
Home
This article is not legal advice. Please contact an
attorney before making any decisions regarding an
OWI criminal charge.
Operating While Intoxicated, or OWI, is one of the
most common offenses in Iowa. (Other jurisdictions
may call this offense a DUI, or DWI).
Iowa Code section 321J.2 defines the crime of OWI as
someone operating a motor vehicle in Iowa under one
or more of the following conditions:
1. While under the influence of an alcoholic beverage
or other drug or a combination of such substances,
2. While having an alcohol concentration (BAC) of .08
or more,
3. While any amount of a controlled substance is
present in the person, as measured in the person's
blood or urine.
What these rules mean is that if a small amount of
alcohol leaves a person intoxicated, he can be found
guilty of this offense even if his BAC is less than the
statutory .08. Also, if a person is not "intoxicated" but
nonetheless has a BAC of .08 or more, then he can
be found guilty.
Finally, if any concentration, even a trace, of an illegal
drug is in a person's system and they operate a motor
vehicle, then they can be guilty of this crime.
Certainly, the first rule is do not drink and drive, even
in small amounts. The second rule is do not use
illegal drugs and drive, even in very small amounts.
The penalties for OWI are severe, and have been
increasing periodically in Iowa. An OWI is an
"enhanced penalty offense" meaning, that
subsequent convictions for this crime carry vastly
increased penalties.
OWI's carry mandatory minimum penalties. What this
means is that if a defendant is found guilty of the
crime, the county attorney must impose a certain
minimum. And these minimums are quite high.
For example, currently a first offense OWI carries the
mandatory minimum of 2 days in jail and a fine of
$1,250.00. There is a surcharge of 32%, bringing this
fine to $1,650.00. Other expenses will follow, such as
court costs (often $50.00), substance abuse
evaluations (around $95.00), probation supervision
fees (around $250.00-$300.00), and license
reinstatement penalties ($200.00). Often times, a
person convicted of OWI will be required to carry
SR-22 (high risk) insurance on their vehicles, and
depending on the level of the BAC, rent an ignition
interlock device to install on their vehicle during the
time that they have a temporary license.
The maximum penalties for a first offense OWI are
one year in jail and a fine of $1,875.00, plus all of the
surcharges, fines, fees, and penalties as discussed
above.
Depending on the result of the BAC, prior offenses,
prior deferred judgments, property damage or
personal injury, and if a defendant did not refuse the
test, a deferred judgment may be available. A
deferred judgment is often an excellent outcome for
an OWI. The deferred judgment will allow a defendant
to avoid jail time.
However, an Iowa Supreme Court ruling from
December 2007 requires that civil penalties be
enforced when a deferred judgment is granted.
Please consult with an attorney before make a
decision regarding a deferred judgment. There are
many factors that must be examined, certainly more
than can be discussed in this article.
Once again depending on many factors, including the
results of the BAC test, a defendant's license will be
suspended. Usually the suspension period runs for
180 days, but in some cases (including when the
police station BAC test is refused) the suspension can
last for one year for a first offense.
It is important that a lawyer handling an OWI case be
familiar with both the criminal and the licensing side of
the OWI case.
A second and third offense OWI's carry much stiffer
penalties. For example, the minimum jail sentence for
a second offense is 7 days in jail. For a third offense,
the minimum jail sentence is 30 days, and the crime is
considered a felony.
Upon arrest for an OWI, action must be taken
immediately. The judge will usually order that a
substance abuse evaluation be completed within ten
days. The Iowa Department of Transportation will
need to know within ten days if you contest the
suspension of your license. The court will set a
preliminary hearing likely within a few weeks of a
defendant's arrest. Much of the rest of the criminal
procedure is discussed here.
Due to the incredible penalties that follow even a first
offense OWI with a relatively low BAC result, each
case must be carefully examined by an attorney
practicing criminal law to determine that all legal
resources are utilized for the defendant.
If the police failed to use proper procedure, a motion
to suppress may be filed. An appeal hearing can be
held with the IDOT to delay or dismiss any license
suspension that may occur. With any penalties that
may have to be enforced, an attorney can help a
defendant work toward getting the minimum fines and
minimum jail time.
If you have been charged with an OWI, please contact
an attorney practicing in criminal law right away.
Mark Thompson, Attorney at Law
220 Lafayette Street
Suite 120
Iowa City, IA 52240
ph: (319) 354-1630
fax: (319) 887-2537
mark@thompsonjustice.com
The information contained in this website is not intended to be legal
advice. With any criminal matter, you should seek the advice of a
lawyer practicing in criminal defense.
Copyright, Mark Thompson, Attorney at Law, All Rights Reserved.
Home
 |  |  |  |  |  |
