Sioux City OWI Defense Attorney

What Constitutes a DWI in Iowa?

Under Iowa law, you can be charged with DWI if you are found operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Additionally, you can be arrested for DWI if you show signs of impairment due to alcohol or drug consumption, regardless of your BAC level. 

Iowa DWI law also applies to street drugs, such as cocaine, methamphetamine, LSD, and more, as well as marijuana and even prescription medicines, such as sedatives, opioids, sleeping pills, and other drugs that affect your reflexes, judgment, and other faculties.

The BAC threshold is more stringent for commercial drivers at 0.04%, and drivers under 21 can face charges for any detectable amount of alcohol, aligning with Iowa’s zero-tolerance policy. 

Iowa DWI Penalties

A first-offense DWI is generally charged as a misdemeanor. A second is usually charged as an aggravated misdemeanor, and third and subsequent offenses are charged as Class D felonies. 

Penalties for a first-offense DWI can include:

• Up to one year in jail, with a minimum of 48 hours of mandatory incarceration.
• A fine ranging from $625 to $1,250.
• Mandatory driver’s license revocation for a minimum of 180 days, with the potential for longer periods depending on circumstances.
• Possible required installation of an ignition interlock device.

Penalties for a second-offense DWI can include:

• Mandatory minimum jail time of seven days, up to two years.
• A fine between $1,875 and $6,250.
• License revocation for one to two years.
• Mandatory installation of an ignition interlock device on all vehicles owned or operated by the offender.

Penalties for a third or subsequent DWI can include:

• A mandatory minimum of 30 days in jail, with potential imprisonment of up to five years.
• Fines ranging from $3,125 to $9,375.
• Driver’s license revocation for six years.
• Mandatory participation in substance abuse treatment programs.

Deferred Judgment in DWI

In certain Iowa DWI cases, individuals may be eligible for a deferred judgment. This legal option allows you to plead guilty to the charge yet possibly avoid a conviction on your record following the successful completion of probationary conditions set by the court. 

A deferred judgment means the court does not enter a conviction at the time of the guilty plea. Instead, you are placed on probation with specific conditions, such as substance abuse evaluation and treatment, community service, or participation in a driver’s improvement course.

Eligibility for a deferred judgment typically hinges on the case's specifics, including your criminal and driving history, aggravating factors like high blood alcohol concentration (BAC) levels, or whether the offense involved an accident causing injury or property damage. First-time offenders with a BAC below a certain threshold and no history of similar offenses are more likely to be considered for this option.

While a deferred judgment can avoid the immediate impact of a DWI conviction, such as jail time and the creation of a criminal record, it requires strict adherence to the conditions set by the court. Failure to comply can result in the deferred judgment's revocation and the imposition of the original penalties, including the entry of a conviction.

The Lookback Period and Repeat Offenses

Iowa's law includes a "lookback period" of 12 years for DWI offenses. This means that any DWI conviction within the previous 12 years is considered in determining whether a new offense constitutes a second or subsequent offense, affecting the severity of penalties.