In Iowa, Operating While Intoxicated (OWI) constitutes not merely a traffic infraction, but a grave offense entailing severe consequences that will significantly affect your life for years to come. Even a first offense carries mandatory incarceration. As such, it’s advisable to refrain from getting behind the wheel while impaired by alcohol or drugs. If charged with an OWI, understanding the law is paramount to safeguarding your interests. Please continue reading to discover how long your jail sentence might be and how a seasoned Des Moines OWI Lawyer can help mitigate or eliminate this penalty.
What Constitutes an OWI in Iowa?
It’s crucial to recognize that Iowa’s OWI law forbids individuals from operating a motor vehicle with a blood alcohol content (BAC) of 0.08%, or 0.04% for commercial drivers. Iowa also enforces a zero-tolerance policy of 0.02% for underage motorist. However, OWI charges can still be levied if a police officer has evidence of impairment and determines that the motorist is unable to operate their vehicle safely, even if the BAC is below the legal threshold.
Furthermore, under the state’s implied consent law, by driving, you have consented to chemical testing when law enforcement has probable cause. While you may refuse to cooperate with chemical testing, this will not prevent your arrest and subsequent charges. Your refusal will result in your driver’s license being suspended. If your BAC is 0.15% or greater, you will be subject to enhanced penalties.
Will I Go to Jail for an OWI Offense in Iowa?
A conviction for operating while intoxicated in Iowa may lead to incarceration. The precise length of the sentence is contingent upon several determinants, including the classification of the offense as a first or subsequent infraction, the presence of aggravating circumstances, and the individual’s blood alcohol content (BAC). Generally, elevated BAC levels correlate with harsher penalties, indicative of a higher degree of impairment.
A first offense OWI in Iowa can lead to up to one year in jail with a minimum of 48 hours, whereas a second offense can result in up to two years with a minimum of seven days. A third or subsequent offense is a felony with a potential five-year prison sentence and a minimum of 30 days.
In addition to jail time, offenders may face hefty monetary fines, driver’s license revocation, substance abuse evaluation and treatment, and installation of an ignition interlock device (IID). An OWI that results in serious bodily injury or death can lead to felony charges and longer prison sentences. It should be noted that the presence of a minor in the vehicle at the time of the arrest can result in enhanced penalties.
For more information, please don’t hesitate to contact a determined attorney at Herting Law, PLLC.
