Driving under the influence is not taken lightly in Iowa. The consequences of underage OWIs can be devastating. If you are facing OWI charges, it is important that you reach out to an experienced criminal defense attorney. Our criminal defense attorney understands that an underage OWI conviction can uproot your future and follow you for the rest of your life. We want to fight for your rights in court. Give our firm a call today to discuss our services and learn how we can assist you.
What Is an Underage OWI in Iowa?
As it is illegal for those under the age of 21 to consume alcohol, the penalties for consuming alcohol and operating a motor vehicle can be harsh. It is illegal for a person under the age of 21 to operate a motor vehicle while under the influence of alcohol, drugs, or any trace of a controlled substance is present in the blood or urine. However, many minors do not realize that the standards differ for those under 21.
Iowa’s OWI Law
It’s important to understand that, unlike the vast majority of states, Iowa does not refer to the crime of driving while intoxicated or under the influence as a DWI or DUI. Instead, this crime is formally charged as Operating While Intoxicated.
Iowa’s Zero Tolerance BAC Standard
Under Iowa Code §321J.1, adults over 21 have a legal limit of a BAC of 0.08%. However, the legal BAC implemented for minors is .02%. This is because Iowa, like all states, has a Zero-Tolerance policy for underage drunk driving. As such, even one drink can warrant an underage OWI in Iowa, depending on the driver’s age, weight, and metabolism.
Administrative Punishments For Underage OWI in Iowa
When a minor is charged with an OWI in Iowa, the penalties they can face are twofold. First, a minor will face administrative penalties. These are consequences imposed by the Iowa Department of Transportation, not a criminal court.
License Suspension
Minors who fail chemical tests will have their license revoked by Iowa’s Department of Transportation after their arrest. Underage individuals who are charged with OWIs will have their license revoked for 60 to 90 days, with any previous OWI-related license revocations. If you refuse to submit to chemical testing (breathalyzer test) your license will be revoked for one year. If you have a prior license revocation on your record, this can result in the suspension of your license for two years.
Criminal Penalties for Underage OWI in Iowa
The second set of consequences that a minor can face following an OWI charge is criminal.
First Offense
Minors who are charged with underage OWIs will face similar punishments as adult offenders. First-time offenders will be entered in the deferred judgment program, which lasts typically one year and will result in the courts dismissing the charges if successful.
However, failure to complete the program could result in up to a year in jail, probation, enrollment in a substance abuse program, and $1,250 in fines.
Additional Consequences for an Underage OWI
It’s important to understand that, while there are state-imposed civil and criminal penalties, an OWI charge can impact many different areas of your life. As such, this charge can result in:
- Increased insurance premiums
- Difficulty renting apartments
- Loss of financial aid for students
- Difficulty obtaining future employment
- Establish a permanent criminal record if not deferred
Defenses Against Underage OWI
When you are charged with an underage OWI, it’s imperative to understand the potential defenses you and your attorney may be able to utilize to fight the charges against you. While the exact defense will depend on the unique details of your case, you’ll find that the following are some of the most common defenses used to fight an underage OWI in Des Moines:
- Rising BAC (alcohol absorbed AFTER driving)
- Illegal stop
- Breathalyzer/blood test errors
- No proof of actual vehicle operation while intoxicated
- Improper calibration of the breathalyzer device
- Improper procedure by officers
Reach Out to Our Criminal Defense Firm Today
If you or your child has been charged with an underage OWI in Polk County, taking immediate action to protect the future is critical. That is why it is imperative to connect with the team at Herting Law, PLLC, as soon as possible. Our firm will fight for the best possible outcome for your unique situation by exploring all potential avenues. When you need help, contact us today to learn how we can represent you during these tumultuous times.
