IOWA DUI/ DWI
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!
Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.
IOWA DUI/ DWI REGULATIONS
In Iowa, the Blood Alcohol Content (BAC) limit is set at:
0.08% – for drivers over 21 years of age
0.04% – for commercial drivers (CDL)
0.02% – for drivers under 21 years of age
Having a license in the state of Iowa automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year for your 1st violation and 2 years for a subsequent violation. You will also need to attend a drunk-driver course and be evaluated and possibly treated for substance abuse. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.
Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.
IOWA DUI/ DWI PENALTIES
If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!
If you are over 21 years old:
- For any level of offense involving personal injury caused by OWI, your license will be revoked for 1 year in addition to period of any other revocation. You will also be required to install an ignition interlock device.
- If you drive while your license is revoked for OWI, you will have to pay a $1,000 fine. Your vehicle may also be impounded.
- If you are caught driving while your license is revoked, you’ll be charged with another misdemeanor and ordered to pay a $1,000 fine.
- If you are a new Iowa resident, it’s important to realize that OWI convictions in other states will count against you when the DOT considers what action to take regarding your license.
- To learn more about Iowa’s OWI laws, download the OWI handout prepared by the Department of Transportation’s Motor Vehicle Division.
1st Offense
- Is treated as a serious misdemeanor.
- Will result in imprisonment of 2 days and up to 1 year.
- Up to a $1,000 fine.
- 4 points will be added to your driving record.
- Your license will be suspended for 180 days.
- You may be required to do community service and complete a course for drinking drivers.
- You will have to undergo a substance abuse evaluation and treatment program at your own expense. You’ll also be charged with a $200 civil penalty.
- You may apply for a temporary restricted license provided the BAC level was below 0.15%. If your BAC level was 0.15% or more you must wait for 30 days before applying for a restricted license. If BAC level was 0.10% or more you will have to install an ignition interlock device.
2nd Offense
(in 12 years)
- Is treated as an aggravated misdemeanor.
- Will result in imprisonment of 7 days up to 2 years.
- A fine of $1,500 to $5,000.
- Your license will be revoked for 2 years.
- You may be required to do community service and complete a course for drinking drivers.
- You will have to undergo a substance abuse evaluation and treatment program at your own expense. You’ll also be charged with a $200 civil penalty.
- You will not be eligible for a temporary restricted license for 1 year.
3rd Offense
(in 12 years)
- Is treated as a Class D Felony.
- Will result in imprisonment of 30 days up to 7 years.
- A fine of $2,500 to $7,500.
- Your license will be revoked for 6 years.
- You may be required to do community service and complete a course for drinking drivers.
- You will have to undergo a substance abuse evaluation and treatment program at your own expense. You’ll also be charged with a $200 civil penalty.
- You may apply for a restricted license after 1 year provided an ignition interlock device is installed in the vehicle.
If you are under 21 years old:
- As per the “Zero Tolerance Law” if your BAC level is 0.02% or more, your license will be suspended or revoked for 60 days after the 1st violation and 90 days after the 2nd violation.
- If you refuse to submit to chemical testing your license will be revoked for 1 year and for 2 years for a subsequent violation.
- You are not eligible for a temporary restricted license until the revocation period is over.
- Aside from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/OWI.
IOWA PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
- You will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%.
- You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
- If there is any detectable amount of alcohol in your system, even if it is under 0.04%, you will be put out-of-service for 24 hours.
- You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
- Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/OWI. The other penalties do not apply since they are barred after the second offense.
IOWA ADMINISTRATIVE ACTIONS AGAINST DUI/DWI
Administrative action against DUI/OWI comes into immediate effect and is apart from any criminal action, which is decided by the courts. Your 1st offense will result in a mandatory revocation of license for 180 days and a 2nd offense within 12 years will result in a 1-year revocation of your license. You may apply for a temporary restricted license but if your BAC level is over 0.15% you have to wait 30 days before applying. If it is a 2nd violation you have to wait 1 year before you can get a temporary restricted license. You are entitled to an administrative hearing but it is a good idea to consult a DUI/OWI lawyer before you schedule a hearing.
IOWA LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION
If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Transportation, once the period of suspension or revocation is over. Reinstating a license after a suspension of 1 year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.
- To complete the reinstatement requirements, you must prove that you have successfully completed a course for drinking drivers, present proof that you have completed a substance abuse evaluation and treatment program, pay the $200 civil penalty, and maintain proof of financial responsibility, if applicable, by filing SR-22 certificate from your insurer.
- If you are being convicted for a 2nd time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
- Contact the local DOT office for more information on reinstatement requirements and where to apply.