If you live in Iowa, were vacationing, or visiting and you were stopped on a DWI (driving while intoxicated) or DUI (driving under the influence) charge, you need to find a lawyer in Iowa quickly that is well-versed in the field of DWI and DUI laws. Find an experienced and licensed Iowa lawyer to take on your case and help you through the legal processes involved.

A DWI or DUI charge is a serious offense. The first thing you must do is file a challenge against the offense or you risk losing your driver’s license without even a hearing. An experienced Iowa lawyer can help you file this challenge.

Iowa law also calls a DUI offense an OWI (operating while intoxicated). This variable terminology is just another reason you need experienced counsel. It is a violation to operate a motor vehicle when you have been drinking or using drugs. You are in violation of the DUI law if you are found to have a blood alcohol concentration (BAC) level of 0.08 or higher.

In order for you to be convicted on such an offense, the State of Iowa must prove beyond a reasonable doubt that:

• You were operating a motor vehicle at the time
• You were operating a motor vehicle with an illegal concentration of alcohol or drugs in your body
• You were shown to have a BAC of 0.08 present in your body.

Operating a motor vehicle is defined by the Iowa Supreme court as “the immediate, actual physical control over a motor vehicle that is in motion and/or has its engine running.” While some states also include sitting behind the wheel of an operable motor vehicle, the State of Iowa does not.

Penalties

First Offense consequences

• Jail time up to one year
• Fine of up to $1,500
• Considered a serious misdemeanor

There is a mandatory penalty of a minimum of two days in jail and $1,000 fine plus other expenses deemed eligible by the court.

It may be possible for you to obtain a deferred judgment on your sentence IF the following applies:

• You did not refuse to take a breath test
• Your BAC was under 0.15
• There was no bodily injury to another person
• You have incurred no prior convictions

Second Offense punishment

• Jail time up to 2 years
• Fine of up to $5,000
• Considered an aggravated misdemeanor

There is a mandatory penalty of a minimum 7 days in jail and a fine of at least $1,500.

Third Offense sentence

• Jail time up to 5 years
• Fine of up to $7,500

There is a mandatory penalty of a minimum 30 days in jail and a fine of $2,500.

In the State of Iowa, as in most other states, a DUI charge is a two-fold offense. Not only do you have to answer to a judge and the court system, you always have to answer to the Department of Motor Vehicles. This is called an administrative case and concerns suspension or revocation of your driver’s license, in addition to any penalties determined by the court for the criminal portion of your DUI charge.

First Offense Infringement

• Driver’s license revocation for 6 months
• If BAC was under 0.15 and no property damage or personal injury occurred,
• then you would be eligible for a temporary driver’s license immediately
• If BAC was over 0.15, you must wait 30 days for a temporary driver’s license to be
• issued
• You must get an ignition interlock device installed if your BAC registered greater
• than 0.10 or if an accident occurred with your DUI charge to continue with
• the temporary driver’s license process.

As you can see, DUI laws can be very complex. You would be well-advised to hire an Iowa lawyer to help in your defense righ

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