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The Legal Blood Alcohol Content (BAC)
in Iowa is .08.
Criminal Penalties for OWI
Deferred Judgment
Available only to a first offender who was not involved
in a personal injury crash, who consented to the test and
whose test result was less than .15.
Jail/Prison and Fine Minimums
- 1st offense - 48 hours jail / $1,250
fine (reductions possible)
- 2nd offense - 7 days jail / $1,850 fine
- 3rd offense - 30 days jail or commit
to prison (5 years maximum) / $3,125 fine
Driver's License Sanctions for OWI
The following information outlines the penalties concerning
License Revocations, "Work Permit" (Temporary Restricted
Licenses), "Hard Suspensions" (Periods of Ineligibility
for a Work Permit), and Ignition Interlock Requirements.
- .02 violation (applies to persons under 21)
- revocation of 60 days, second or subsequent violation
is 90 days, no work permit is provided for
- 1st offense (defendant consented to test)
- revocation of 180 days
Work permit rules:
- Eligible for temporary license immediately as long as there was not an accident causing personal injury or property damage and the chemical test results are under .15.
- Must wait 30 days for temporary license if the chemical test results are over .15 or an accident occurred.
- Must get an ignition interlock device instealled if BAC is greater than .10 or an accident ocurred in order to obtain a temporary license.
- 1st offense (defendant refused a test)
- revocation of one year, hard suspension of at least 90
days
Work permit rules:
- No work permit until hard suspension has passed;
ignition interlock is required to receive a work permit.
- 2nd offense (defendant consented to test)
- revocation of one year and hard suspension of one year
Work permit rules:
- No work permit is possible because the hard suspension
and the revocation are both one year. However, a person
convicted of a second or subsequent offense must have
an ignition interlock installed for license reinstatement.
- 2nd or subsequent offense (defendant refused a
test) - revocation of two years, hard suspension
of one year
Work permit rules:
- No work permit until hard suspension has passed;
ignition interlock is required to receive a work permit.
- 3rd or subsequent offense - sentencing
court imposes six year revocation
Repeat Offenders May Lose Vehicles
Impoundment Upon Arrest
- An officer may impound immediately upon arrest for second
or subsequent OWI violation or for driving while revoked
after an OWI arrest.
- If driver doesn't own the vehicle, the owner can recover
the vehicle without paying cost.
- A second conviction for OWI can result in seizure and
forfeiture of the vehicle.
Underage Drinking / Possession of
Alcohol
- If under 18, the individual is charged as a juvenile.
If 18-21, the individual is charged as an adult.
- 2nd and subsequent offense results in loss of driver's
license for up to one year.
- A person over 21 who supplies alcohol to a person under
the legal age commits a serious misdemeanor. If death results,
the provider can be charged with a class "D" felony.
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