penalties

Gourley, Rehkemper & Lindholm PLC
Iowa criminal Defense law firm

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.

felony Convictions

A crime is an act for which the legislature has created a law by which people can be punished if they are convicted for having committed the crime. A felony is an offense for which that punishment will be a sentence to a state or federal prison for the period of one or more years. A misdemeanor offense is any other crime that is not a felony.  

Felony Offenses

A felony is the most serious crime. Felony crimes and their related penalties are categorized into "classes" ranging from a Class A Felony - the most serious penalty - downward to lesser classified offenses with lesser penalties. For a chart depicting felony crimes and related penalties, please refer to felony penalties. 

Effects Of Felony Convictions

In almost all cases, a conviction for a felony offense will result in an immediate harsh prison sentence, however some criminal convictions for felony offenses can also result in lesser outcomes such as delayed sentences (however rare). In all cases, a person who is convicted of a felony will lose liberties that are often taken for granted.

Felony Results In Loss of Liberty to vote & bear arms

Amongst the basic liberties that a felony conviction will affect are a person's right to vote and bear arms. A convicted felon forever loses his or her right to care a firearm, which includes hunting and keeping a weapon in the home for protection. Until such time that the convicted felon has completed his or her sentence, he or she may not vote. The right to vote will not be restored is any other sentence for a felony conviction has not yet been completed.  

Misdemeanor Convictions

While misdemeanor convictions do not pose nearly the issues that felony convictions pose, they often have devistating effects on a person's life. Employers often run background checks, and when they do a misdemeanor is a criminal offense that will show up in the final report. Additionally, a misdemeanor can cause issues with obtaining clearances such as a security clearance or a child care center license particularly if the misdmeanor offense involved any violent or sexual crime.

For more information about misdmeanor offense, please refer to misdemeanor penalties.

free initial consultation regarding your criminal charges

We believe that knowledge is power; if you have been charged with a criminal offense, knowing what you need to do to protect yourself can make all the difference in the final outcome. We offer a consultation at no charge to you for you to meet with us and discuss your case with an attorney in a private confidential environment. All information exchanged between you and one of our attorneys at that initial consultation is strictly confidential and privileged. For a free initial consultation, please contact Gourley, Rehkemper & Lindholm, Des Moines, Iowa criminal law defense team.

If your arrest was the result of police misconduct, we have experience bringing civil suits on behalf of clients for the violation of their civil rights and successfully obtaining damages.

Don't wait to get a lawyer!

Our Des Moines, Iowa criminal defense attorneys will work on your case right away to find ways to get you results. The earlier you engage us, either in the criminal investigation or when formal criminal charges have been filed, the better our chances for a favorable result. Don't wait to get a lawyer! Whether you are accused of a felony or misdemeanor offense, Iowa courts are tough on crime.

Contact us today!

We offer free consultations and evening and weekend appointments. We will be there for you.

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