What Happens To First Time DUI Offenders in Iowa?
An offender is charged with an OWI count ( OWI or operating while intoxicated is the same as a OWI or driving under the influence; just a different naming convention) if found to have 08% BAC or higher during a breathalyzer or blood alcohol content exam. Unlike other states that provide a leniency curve for first time offenders for OWI, the state of Iowa treats this felony as a serious misdemeanor and can appoint specific conviction charges to an offender if found guilty. OWI first timers can face up to one year jail time and be fined with an amount of $1000.
There is however a minimum penitentiary recommendation of 48 hours, with recourse depending on the discretion of the judge who provides the sentencing parameters. OWI arrests that do not result in any public, private property damage and personal injury can get a fee waved of up to $500, minimizing the amount you have to pay the state upon conviction, if you cannot pay the sum or if you strike a plea bargain, the court may appoint all of your mandated fees in the equivalent of unpaid community service hours.
Deferred judgments are available to first time offenders but under strict governing parameters- the offender must submit to a BAC test with no prejudice, with a BAC count of less than .15 and where an OWI arrest did not involve a personal injury crash or any form of property damage.
License revocation instead of suspension is allotted for OWI convictions where a chemical tests provides a level of .08% or more for a duration of 180 days, provided that you have had no OWI- related arrests in the last 12 years as recorded for non-offense in any state in the United States ( previous offenses in other regional federal records are counted as offenses).
The offender will also be mandated to complete a substance abuse treatment and evaluation assessment, a drunken driving class and attend a Victim’s Panel. Completing all courses of court appointed sentencing will make you eligible for license reinstatement. A required installation of an ignition interlock is also court ordered- for BAC test results which are .10 or greater and if there was a resulting injury during an OWI arrest. An Ignition interlock is a device that prevents you from driving your vehicle if you have any alcohol in your blood stream.
For revoked licenses, a temporary restricted license can be availed of but this is only available for OWI offenders who tested .08 to .10 % BAC levels and did not have any personal injury or property damage attributed from a crash during the OWI bust. For those who test .10-.15% BAC with no crash or personal injury stated during the OWI arrest, a restricted license is available with the stipulation of an ignition interlock installation to your vehicle.
Education and In-patient treatment for substance abuse in the State of Iowa is determined by the extent of damage procured during an OWI arrest and the amount of BAC test results per offender. In-patient treatment programs are credited as part of incarceration time and reduce jail sentencing dependent on the number of days in rehabilitation treatment.
Iowa OWI Under 21
Minors who submit under a breathalyzer or chemical test and come out positive with a BAC of .02 but less than .08 will get license revocation of sixty days on the first offense; failure to submit to chemical testing upon suspicion will get you a revocation of a year. These are non-dependent of criminal charges filed which means you will still get your license taken away with or without felony charges entered. A temporary restricted license is not available for anyone who is found in suspect of OWI under the age of 21.
Get DUI Help: Repeat Offenses for OWI Arrests
Repeat offenders, be subject to heavier criminal and administrative penalties and are discretionary to the judgment of the court and can vary as each case is normally affected by dissimilar circumstance and extent of DUI apprehension. The more extenuating conditions and repeat offenses are unveiled, the sentencing becomes more unhindered. Your license will be suspended but may obtain a provisional license, where you may be required to drive only vehicles outfitted with an ignition interlock, which stops you from driving the car if you have some alcohol in your body, for specific cases of reckless driving, the installation of ignition interlock devices to all your vehicles is court-ordered. Criminal charges such as Felony DUI are charged to multiple offenses which result to bodily harm and death to civilians or passengers.
Hire an experienced Iowa DUI Attorney
The most important aspect of your defense is hiring a law firm that has a deep understanding of the OWI laws that govern conviction, plea bargaining, appeal and sentencing for Iowa.. There are reputable law firms with an established practice that will make a significant difference in the outcome of your OWI charge. You can contact DUI lawyers either by phone or online. The first consultation is completely confidential and is normally free of charge.