Des Moines OWI Lawyer | Fighting for Your Rights
Drivers over the age of 21 may receive an OWI (Operating While Intoxicated) charge for operating a motor vehicle either with a blood alcohol content of .08% or higher or with any amount of a controlled substance in their body. If you are currently facing OWI charges, you cannot afford to proceed without a knowledgeable Des Moines criminal defense lawyer on your side. We care about your ability to live without the burdens of a criminal record.
First-Offense OWI Penalties
Even if this is only your first offense, you can expect that you will face very serious charges. Some of the consequences of a first-offense OWI in Iowa are as follows:
- A potential 180-day license revocation
- Up to one year in jail
- A potential $1,250 fine
- You may receive a Temporary Restrictive License if you install and use the ignition interlock device on your vehicle for the determined period of time you will have the TRL
- Enrollment in a substance abuse and/or drinking driver’s course
Second-Offense OWI Penalties in Iowa
Now that you’ve been charged with a second-offense OWI, you can expect the courts to treat you as a repeat offender, which typically comes with even harsher consequences. The penalties for a second-offense OWI in Iowa are as follows:
- A potential one-year license revocation
- Up to two years in jail
- A potential $6,250 fine
- Up to one year with the ignition interlock device
- Enrollment in a substance abuse and/or drinking driver’s course
- Potential vehicle impoundment
Third-Offense OWI Penalties in Iowa
Those caught operating their vehicles while intoxicated for a third or subsequent time in Iowa can expect very severe penalties that will most likely affect their lives for years into the future. The penalties for a third-offense OWI in Iowa are as follows:
- A potential six-year license revocation
- Up to five years in jail
- A potential $9,375 fine
- Up to one year with the ignition interlock device
- Enrollment in a substance abuse and/or drinking driver’s course.
- Potential vehicle impoundment
Penalties for Refusing to Submit to Chemical Testing in Iowa
You should understand that Iowa has an “implied consent” law in place, which essentially states that if you refuse to submit to chemical testing while stopped by a law enforcement officer under suspicion of driving while intoxicated, you will automatically lose your driver’s license. For a first offense, you will lose your license for one year. For a second refusal, you will lose your license for two years. For a third refusal, you will lose your license for three years.
Underage OWI Penalties in Iowa
If you are over the age of 18 but under the age of 21, you only need to have a blood alcohol content of .02% to receive an OWI charge. Further, you may also receive an OWI if you are caught operating a vehicle while under the influence of a controlled substance, or if a controlled substance is found in your blood or urine. If you are under the age of 21 and are caught with a blood alcohol content of .02% or higher, you will lose your license for 60 days. However, for a second offense, you will lose your license for up to 90 days.
OWI With a CDL Penalties in Iowa
Those who are caught operating a commercial vehicle with a blood alcohol content of only .04% may receive an OWI. In many cases, this will result in a six-month standard license suspension, as well as a one-year CDL suspension. That being said, for an OWI with a CDL while transporting hazardous materials, you may face a potential three-year CDL license suspension. In most cases, upon receiving a second OWI with a CDL conviction in Iowa, you can expect to lose your CDL license for good. Not only will this come with criminal penalties, but you will also lose your livelihood. Our firm is ready to work to prevent this from happening.
Defenses Against OWI Charges
As with any other criminal charge, the defense we choose will depend on the circumstances of that charge. However, some of the most common defenses we can use are as follows:
- You were stopped unlawfully.
- The officer improperly administered a field sobriety test.
- The officer improperly administered a breathalyzer test.
- The officer lied about an alleged refusal to submit to chemical testing.
Contact a Des Moines OWI Lawyer
The bottom line is that no one should have to face OWI charges on their own, and if you are currently facing these charges, you need an experienced attorney on your side who can formulate the best possible defense on your behalf. Our law firm has helped countless people facing OWI charges in the state of Iowa for years, and we are ready to do the same for you. Contact Herting Law, PLLC today to schedule your initial consultation with our firm.
