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What Constitutes Felony OWI In Iowa?

A conviction on drunk driving charges carries serious consequences in Iowa. A first-time drunk driving charge is a serious misdemeanor, and a second offense is an aggravated misdemeanor. Convictions on these charges can result in license revocation, fines and jail time.

Felony OWI in Iowa

In some cases, an OWI in Iowa will be charged as a felony. There are basically two ways this can happen: if the defendant has two or more prior OWI offenses, or if the defendant caused injury or death.

Prior OWI Offenses

A third or subsequent OWI offense in Iowa is a Class D felony. If convicted the defendant can face a prison sentence of up to five years. The defendant must serve at least 30 days in jail. A fine of $3,125 to $9,375 can also be imposed. Those convicted must also complete an evaluation for substance abuse as well as a course of treatment for drunk drivers.

OWI Causing Injury or Death

Drunk driving that results in serious injury is also charged as a Class D felony in Iowa. There is a five-year mandatory prison sentence upon conviction. The judge cannot suspend this sentence. The defendant may also be required to pay a fine of $750 to $7,500, as well as restitution to the victim.

The most serious OWI offense in Iowa is one which leads to the death of another person. This is charged as a Class B felony. The prison sentence for this offense is up to 25 years, and cannot be suspended. In addition, a person convicted of OWI resulting in death is not eligible for release on bail before sentencing or during an appeal. Instead of a fine, the defendant will be ordered to pay victim restitution in the amount of $150,000.

Contact Keegan, Tindal, & Mason for Experienced Representation

Felony drunk driving is a very serious charge in Iowa. Anyone facing such a charge needs to understand their rights and fight the charges aggressively. An experienced defense attorney can provide a significant advantage to the defendant.

Charged with a felony OWI? Call our firm today or contact us online for the defense you need!

Source: Iowa Department of Public Safety, "Iowa's OWI Law," accessed Oct. 23, 2016

Categories
  • The Iowa State Bar Association
  • DUI Defense Law
  • NACDL
  • AAJ
  • Iowa Association of Justice

Keegan, Tindal, & Mason 

Put Over 50 Years of Combined Trial Experience On Your Side 
  • J. Dean Keegan
  • Eric D. Tindal
  • Andrea D. Mason
  • J. Dean Keegan J. Dean Keegan

    Owner

    Decades of Award-Winning Legal Service J. Dean Keegan was born and raised in Waterloo, Iowa. After high school, Dean served ...
    J. Dean  Keegan Photo
  • Eric D. Tindal Eric D. Tindal

    Attorney

    Highly Rated Criminal Defense in Iowa City Eric D. Tindal, attorney at Keegan, Tindal & Mason, graduated from the University ...
    Eric D. Tindal Photo
  • Andrea D. Mason Andrea D. Mason

    Attorney

    Experienced Criminal Defense in the Iowa and Illinois Quad Cities Andrea D. Mason practices in the areas of white collar ...
    Andrea D. Mason Photo

See What Our Clients Have to say

  • He was professional, knowledgeable and prompt. He was very effective in his communication.

    “He showed genuine concern with my matters. He described a plan of action. His information and demeanor were very reassuring. After the Hire: He was professional, knowledgeable and prompt. He was very ...”

    - David
  • I am glad he was there to get my head out of the guillotine when I needed him and keep my record clean.

    “I was stopped for an OWI. Dean took things as far as he could with the appeals process, finding every way possible to keep me driving in the meantime (which I needed to do for my job). Dean argued the ...”

    - Ryan
  • Attentive and a Standup Guy

    “I needed an attorney with deep experience in federal cases. Eric was recommended to me by an immigration lawyer in Iowa City I had hired in the past to help my wife obtain her green card. I was ...”

    - John
  • This is the guy you want!

    “Eric is the whole package. He will fight relentlessly for you, all the while using tact and professionalism. Eric always respected my best interests and kept them his top priority. He is incredibly ...”

    - Anonymous
  • No matter the “level” of your legal issue - I wouldn’t want to be facing it without Eric Tindal in your corner

    “I’m struggling to write this review because it’s truly impossible to find the right words - that properly describe how much I appreciate Eric Tindal, his legal skills, and the effort he put forth for ...”

    - anonymous
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SUCCESSFUL results for our clients

Protecting Your Freedom & Rights
  • Possession with Intent to Deliver Marijuana and Methamphetamine Charges Dismissed

    Washington Count FECR5351. Attorney Tindal and Attorney Clemens Erdahl successfully argued that evidence of drug manufacture was obtained in violation of the Constitution. All charges were dismissed.

  • Possession with Intent to Distribute Charges Dismissed

    Iowa County FECR010358. Attorney Tindal was able to show the Court that his client was detained in violation of his Constitutional rights and that the K9 utilized in the search was unreliable. Following hearing all charges were dismissed.

  • Second Degree Sexual Abuse and Other Charges Acquittal at Trial

    Johnson County FECR089277. The Defendant was charged with Second Degree Sexual Abuse and other charges. Following a one-week trial by Mr. Tindal, the Defendant was acquitted of all charges.

  • Sexual Abuse in the 2nd Degree Conviction Reversed on Appeal

    Iowa Supreme Court No. 04-361. The Defendant was convicted of Sexual Abuse in the 2nd Degree. On appeal, Mr. Tindal successfully argued that the conviction was based on improperly admitted evidence. The conviction was reversed.

  • Trafficking Stolen Weapons and Misdemeanor Theft Charge Dismissed

    Scott County FECR384046. The Defendant was charged with Trafficking Stolen Weapons and Misdemeanor Theft. The Court dismissed the felony following a Motion litigated by Mr. Tindal. The Defendant subsequently pled to the remaining misdemeanor.

  • Vehicular Homicide Charges Reduced

    Johnson County FECR68296. The Defendant was charged with Vehicular Homicide. Following a suppression hearing, Mr. Tindal and his co-counsel were able to show that the blood test result was taken in violation of implied consent procedures. The case was subsequently resolved for a misdemeanor.

  • First Degree Murder and Child Endangerment Causing Death Acquitted of First Degree Murder at Trial

    Henry County FECR005634. Attorney Tindal’s client was charged with First Degree Murder and Child Endangerment Causing Death. Following a two week trial, the Defendant was acquitted of all charges.

  • Operating While Intoxicated Reduced to Public Intoxication

    Johnson County OWCR116811. The Defendant was charged with Operating While Intoxicated. Mr. Tindal was able to win the Iowa Dept of Transportation appeal and have the blood test result thrown out. The case was resolved for a public intoxication charge and no loss of license.

  • Operating While Intoxicated Second Offense Reduced to Public Intoxication

    Washington County OWIN010946. The Defendant was charged with Operating While Intoxicated Second Offense. Following long negotiations with the State the Defendant was able to plead to a Public Intoxication and have his driving privileges reinstated.

  • Operating While Intoxicated Record Expunged

    Johnson OWCR106890. Attorney Dean Keegan's client received an Operating While Intoxicated, a serious misdemeanor. After reviewing the videos, Mr. Keegan filed a Motion to Suppress arguing the officer denied his client's right to make a phone call. The State declined to present testimony at the hearing and the Motion to Suppress was granted, making the client eligible for a deferred judgment. Mr. Keegan's client will have her record expunged and be able to obtain a license after 90 days instead of 180.

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Keegan, Tindal, & Mason

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  • Our Attorneys Are well Respected Throughout Eastern Iowa

  • We Offer Free Consultations No Matter How Severe The Charge

  • Trial Attorneys With Successful Track Records In The Courtroom

  • Over 50 Years of Combined Experience In Criminal Defense with an Emphasis on OWI's

Keegan, tindal, & Mason 

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