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Iowa


In Iowa, the official term for driving under the influence (DUI) is “operating while intoxicated” (OWI). OWI is defined as operating a motor vehicle:

+ with a blood alcohol content (BAC) of .08% or more
+ while under the influence of alcohol, drugs, or a combination of the two, or
+ while any amount of a controlled substance is present in the person’s blood or urine.
 

Operating a vehicle. For purposes of Iowa’s OWI law, “operate” is defined as the “immediate, actual physical control” of a vehicle that’s in motion and/or the engine is running. Under that definition, a person can be convicted of OWI without actually driving a vehicle.

 

Under the influence. Driving with a BAC of .08% or more or any amount of a controlled substance in your body is a “per se” OWI violation. However, a driver can also be convicted of OWI based on being actually “under the influence” (impaired). Factors that may lead a judge or jury to conclude a driver was under the influence include:

+ evidence that the driver’s reason or mental ability was affected
+ indications of impaired judgment
+ visible indication of excited emotions, and
+ the loss of control of bodily actions or motions.
 
 
  1st Offense 2nd Offense 3rd Offense
Jail
48 hours to 1 year
 
7 days to 2 years 30 days to 5 years
Fines
$625 to $1,250
 
$1,875 to $6,250 $3,125 to $9,375
License Revocation
180 days (if submitted to chemical testing and no previous OWI convictions or revocations) to 1 year (if refuse chemical testing and no previous OWI convictions or revocations)
 
1 year (if submitted to chemical testing and previous OWI convictions or revocations) to 2 years (if refuse chemical testing and previous OWI convictions or revocations) 6 years
Ignition Interlock Device
If seeking a temporary restrictive license (TRL), IID must be installed for the period of time the TRL is issued
 
1 year (reduced by any period of time that a TRL was held) 1 year (reduced by any period of time that a TRL was held)