Being arrested for OWI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced OWI attorney will help you understand all of your rights and options. 

What happens if I was arrested for OWI?
Under Iowa law, once you have been cited for violating the OWI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Iowa Department of Transportation.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately. 

Administrative Hearing
Pursuant to Iowa law, an individual has 10 days to request a hearing from the Department of Transportation.  If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Department of Transportation within 10 days.   

OWI Penalties for First Time Offenders

Jail Time
A first time OWI offender faces a 48 hour minimum mandatory imprisonment, with a maximum of 1 year in jail.  However, in some instances, the jail sentence may be deferred or suspended by the court.

Monetary Fines
Up to $1250.00, however, the court may order that the offender perform community service in lieu of paying the fine.

Driving Privileges
An OWI conviction results in the revocation of the offender’s driver’s license for 180 days.  If the offender’s blood alcohol content (BAC) is lower than 0.15, and has no other OWI-related revocations within 12 years, he or she is eligible to apply for a temporary restricted license.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges for 1 year. 

Commercial Drivers
Commercial drivers are in violation of the OWI statute with a blood alcohol content (BAC) of 0.04.  A first time OWI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent OWI offenses will result in a lifetime loss of the commercial license. 

Substance Asuse Evaluations and Treatment
An OWI  offender must complete and pay for a substance abuse evaluation.  The offender agrees to follow the recommendations of the evaluation, per the court’s orders.   

OWI Subsequent Offenses
Penalties are increasingly more severe for any additional OWI violations.  Due to the complexity of OWI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.