Iowa's OWI (operating while intoxicated) law states that it is unlawful to operate a motor vehicle in Iowa in any of the following conditions.
- While under the influence of an alcoholic beverage or other drug or a combination of such substances
- While having an alcohol concentration of .08 or more
- While having any amount of a controlled substance in one's body
Iowa's implied consent law means that any person who operates a motor vehicle in the state agrees to have a blood, breath and/or urine test performed to determine alcohol level or presence of drugs, whenever a peace officer has reasonable grounds to believe the person is operating under the influence.
|
Driver's License
Revocation | ||
| Administrative - driver's license revocation due to chemical test failure | ||
|
Situation |
Description |
Period of revocation |
|
*First offense |
When a chemical test indicates an alcohol level of .08 or more or the presence of a controlled substance, and the person has had no OWI-related revocations in the previous 12 years, the person may apply for a temporary restricted license. If an accident occurred or their blood alcohol content (BAC) level was greater than .15, the person must wait 30 days from the effective date of the sanction. An individual must install an ignition interlock device, if the BAC level was greater than .10 or an accident occurred. *Persons under age 21 are ineligible for a temporary
restricted license until 60 days have passed from the effective date of
the sanction. |
180 days |
|
Second offense |
The person is not eligible for a temporary restricted license for one year. |
1 year |
|
Under age 18 |
If a driver is under the age of 18 and his or her driver's
license or operating privileges are revoked administratively or by a court
order, |
Until the revocation expires or person reaches age 18, whichever is later. |
|
Situation |
Description |
Period of revocation |
|
*First offense |
Upon conviction, and if he or she has no convictions or revocations in the preceding 12 years, the person may apply for a temporary restricted license. If an accident occurred or the BAC level was greater than .15, the person must wait 30 days from the effective date of the sanction. The individual must install an ignition interlock device, if their BAC level was greater than .10 or an accident occurred. The person must wait 90 days from the effective date of the sanction to apply for a temporary restricted license, if he or she refused the test. *If the individual is under age 21, he or she is ineligible for a
temporary restricted license until 60 days have passed from the effective
date of the sanction. |
180 days |
|
Second offense or one or more revocations in the
preceding 12 years |
The person is not eligible for a temporary restricted license for one year. |
2 years |
|
*Deferred judgment |
If the driver's license is not otherwise revoked and the court defers judgment on the sentencing, the person may apply for a temporary restricted license. If an accident occurred or the BAC level was greater than .15, the individual must wait 30 days from the effective date of the sanction. An individual must install an ignition interlock device, if their BAC
level was greater than .10 or if an accident occurred. The individual must
wait 90 days from the effective date of the sanction if he or she refused
the test. |
90 days |
|
Court-ordered revocation, in
addition to another administrative or court-ordered
revocation | ||
|
Situation |
Description |
Period of revocation |
|
Third offense |
The person may apply for a temporary restricted license after one year,
if ignition interlock devices are installed on all vehicles. |
6 years |
|
Any level of offense |
The person may apply for a temporary restricted license when otherwise
permitted by the period of the other revocation. Ignition interlock
devices must be installed on all vehicles. |
1 year, in addition to the period of any other
|
|
Any level of offense |
The person is not eligible for a temporary restricted license for two years. |
6 years |
| .02/ "Zero Tolerance" Administrative driver's license revocations for drivers under age 21 |
| The driver's license of a person under age 21 who submits to a chemical test that indicates an alcohol level of .02 or more, but less than .08, will be revoked for 60 days on a first violation and 90 days on subsequent violations. If a person is suspected of operating a motor vehicle with an alcohol level of .02 or more, and refuses chemical testing, the driver's license revocation will be one year for a first violation and two years on a second or subsequent violation. These revocations (.02/"zero tolerance") are administrative and are not dependent upon criminal charges being filed. If a driver's license is revoked for a .02/“zero tolerance” violation, the driver is not eligible for a temporary restricted license at any time during the revocation period. |
| Driving while revoked |
| A person who drives while their driver's license is revoked under the OWI law (whether the revocation is administrative or court ordered, and whether for an OWI or for a .02 violation) commits a serious misdemeanor and must pay a fine of $1,000. Law enforcement officers may impound vehicles, if the individual's driver’s license is revoked for an OWI. If a driver is convicted of a second or subsequent offense of driving with a revoked license, the vehicle that is being operated must be seized and forfeited to the state. The owner of a vehicle who lends the vehicle to a person whose license is revoked for an OWI commits a simple misdemeanor and is jointly liable for any damages the driver causes, if the owner knew, should have known or gave consent to the operation of the vehicle by a driver with a revoked license. |
| Vehicle impoundment/immobilization |
| A person arrested for second or subsequent OWI offense, or
for driving while their driver's license is revoked for an OWI, may have
the motor vehicle they are operating seized and impounded immediately upon
arrest. The impoundment (or immobilization) continues for at least 180
days, or until the driver's license revocation is completed, whichever
period is longer. If the vehicle is not impounded at the time of arrest,
it must be impounded or immobilized upon conviction for the second or
subsequent OWI offense. If a vehicle is operated in violation of an order
of impoundment or immobilization, it shall be seized and forfeited to the
state, and operation of the vehicle is a serious misdemeanor.
source: http://www.iowadot.gov/owi.htm |
Our Iowa Criminal Defense Lawyers have proven track records in representing those accused of drunk driving. Getting expert legal help with your Iowa OWI can be affordable and easy. Many of our Iowa OWI Lawyers offer a free initial case evaluation and flexible payment options.
Iowa Drivers Information:
Motor Vehicle Department: http://www.iowadot.gov/mvd
OWI Laws: http://www.iowadot.gov/owi.htm
Driver's Manual (.pdf): http://www.iowadot.gov/mvd/ods/dlmanual/dlmanual.pdf