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Possible OWI Penalties for Drivers in Iowa

The term drunk driving charge instills many concerns in motorists across the nation. While it is well known that such a charge could result in serious and life impacting consequences, it is also true that the laws regarding these matters vary from state to state. This means that motorists violating an OWIlaw in one state may suffer harsher penalties than if they committed the same violation in another state. This factor alone makes in imperative for those accused of an OWI to not only understand the charge generally but also how it is specifically handled in his or her state.

When it comes to an OWI charge, there are four penalties to be aware of. This includes license suspension or revocation, mandatory alcohol education and treatment, vehicle confiscation and the installation of an interlock device. In the state of Iowa, all of these penalties are possible, thus potentially impacting an accused drunk driving personally and professionally.

An administrative diver's license suspension or revocation is a penalty imposed on those charged with an OWI. It is also a penalty for those who refused to submit to a blood alcohol concentration test. Because of implied consent laws, a driver could face license suspension for refusing a blood or breath test. This could occur even if a driver is not convicted of an OWI. In the state of Iowa, a first time offender could have their license suspended for 180 days. For second time offenders, this increases to 2 years. And for those accused of a third offense, he or she could face 6 years of revocation.

Mandatory alcohol education and treatment means that a motorist convicted of an OWI must attend the required program for a set amount of time. In the state of Iowa, a person convicted of an OWI is only required to attend an educational program. Attending and completing this program could also help the driver avoid jail time or even some hefty fines that would apply if they didn't enroll in the program or does not complete it.

Finally, a motorist convicted of an OWI in the state of Iowa could be required to have an ignition interlock device installed in all the vehicles he or she operates. While this is not a mandatory penalty, offenders required to have this device will be subject to the payments associated with the installation, rental and maintenance of the device while it is in their vehicle or vehicles.

Source: Findlaw.com, "State-by-State DUI Penalties," accessed July 30, 2017

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

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

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

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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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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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