owi criminal penalties

Gourley, Rehkemper & Lindholm PLC - Iowa Drunk Driving Defense

Operating While Intoxicated

First Offense: 

Serious Misdemeanor.  Jail sentence of up to 1 year in jail but no less than 48 hours; fine of up to $1,500 but no less than $1,250 plus 32% surcharge, court costs and $10 DARE surcharge; Substance abuse evaluation; drinking drivers course; restitution (if any).

An individual with an alcohol concentration under .15 when no accident resulting in bodily injury has occurred and no prior deferred judgment for OWI may be eligible for a deferred judgment which avoids jail time but still results in a $1,250 civil penalty, court costs; substance abuse evaluation; drinking drivers course; restitution; and probation for up to 1 year.

Second Offense: 

Aggravated Misdemeanor.  Imprisonment for up to two years but no less than 7 days in jail; fine of up to $5,000 but no less than $1,850 plus 32% surcharge, court costs and $10 DARE surcharge; Substance abuse evaluation; drinking drivers course; and restitution (if any).

Convictions or deferred judgments with in the last twelve years in any state are counted as prior offenses.

Third Offense: 

Class D Felony.  Imprisonment for up to 5 years but no less than 30 days in jail; fine of up to $7,500 but no less than $3,125 plus 32% surcharge, court costs and $10 DARE surcharge; Substance abuse evaluation; drinking drivers course; restitution (if any); and court imposed barrment of driving privileges for 6 years.

Related Offenses

Serious Injury by Motor Vehicle: 

Mandatory 5 years imprisonment; fine of up to $7,500 but no less than $750 plus 32% surcharge, court costs, $125 Law Enforcement Initiative Surcharge and $10 DARE surcharge; Substance abuse evaluation; drinking drivers course; and restitution.  Judge may not give probation or defer judgment.  Prison sentence must be imposed.

Vehicular Homicide: 

Mandatory 25 years imprisonment; Fine of up to $10,000 but not less than $1,000 plus 32% surcharge, court costs, $125 Law Enforcement Initiative Surcharge and $10 DARE surcharge; $150,000 restitution to victim's estate; substance abuse evaluation and treatment if recommended; 6 year license suspension.  Judge may not give probation or defer judgment. Prison sentence must be imposed.