What most states call DUI (driving under the influence) or DWI (drunk driving), Iowa calls OWI or drunk operation. While the acronym may be slightly different, those who drive a motor vehicle under the influence of alcohol or drugs in Hawkeye State will face legal music similar to what else it does. And just like elsewhere in the United States, this “influence” is determined by a very objective blood alcohol level (BAC). Of course, the legal limit is just the tip of the iceberg when it comes to the OWI laws that every Iowan should be aware of. Note: State laws are constantly changing through legislative, judicial or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it`s a good idea to thoroughly research the law or check it out with a lawyer to make sure you have the latest information. While the 0.08% limit applies to most civilian drivers, those who drive commercial vehicles are only allowed to legally drive with a blood alcohol level below 0.04%. Even more strictly, Iowa has a zero-tolerance policy for underage drivers, so that for motorists under 21, the legal blood alcohol limit is a meagre 0.02 percent, reflecting efforts to ward off bad habits among aspiring drivers. To be labeled as drunk or OWI, a motor vehicle driver in Iowa must have a certain concentration of alcohol in his blood, or BAC. According to the Iowa legislature, this legal limit is 0.08% blood alcohol concentration for non-commercial drivers over the age of 21. This concentration of alcohol can be measured by a blood, urine or breath test, according to Nolo`s lawyer, Riccola Voight. If you have been arrested for driving a motor vehicle under the influence of alcohol, having a prohibited concentration of alcohol, or reckless driving, please contact one of Iowa`s top DUI defense attorneys as soon as possible.
There is limited time to save your driver`s license and prepare for court. From a legal perspective, Iowa refers to DUI as OWI, which stands for “operation in a frenzy.” Iowa defines OWI as driving a motor vehicle under the influence of alcohol, drugs, or a combination of both. In particular, Iowa law enforces a blood alcohol level of 0.08 as the legal limit. Iowa law also makes it illegal to drive with even the smallest amount of controlled substances in your body. A “motor vehicle” in Iowa is considered any vehicle propelled by an engine. Vehicles that include cars, trucks, boats, jet skis, SUVs, lawnmowers and even an electric wheelchair, among others. Under the Iowa Liquor Store Act, a person injured by an intoxicated person has the right to sue for damages against the licensed liquor establishment that sold and served alcohol to the intoxicated person, provided the establishment knew or should have known that the person was or would become intoxicated. This law obliges the aggrieved party to inform the beverage company or its insurer in writing of the victim`s intention to take legal action within six months of the injury. The notification must include the time, place and circumstances that caused the breach. You will face two separate lawsuits if you are arrested for driving a motor vehicle while intoxicated (OWI) in Iowa as in other states: a criminal case for the felony and a civil case with your license. This means you`ll likely spend a lot of time dealing with the state`s court system and paying various fees, even before a verdict has been rendered. If convicted of OWI in Iowa, you must serve at least 48 hours in jail and/or a $1,250 fine.
However, the judge may waive up to half of this sum if no bodily injury or material damage was caused by the crime. Penalties for a second offense will only become more severe, punishable by at least seven days and up to two years in prison. Iowa`s Dram Shop Act adds another wrinkle to OWI in Iowa. Under this Act, any person injured by an intoxicated person may be entitled to compensation for the consumption of licensed alcohol that served the offender prior to the incident, provided that the institution knew or ought reasonably to have known that the person was or would be intoxicated. A blood alcohol level of 0.08% is the legal limit in the state of Iowa. A conviction for OWI in Iowa can result in hefty fines, license suspension, and even jail time in some cases. And while you may not want to rack up legal fees beyond that, a good lawyer will step in on your behalf and maybe even save you money — or save you from jail. If you`ve been arrested for OWI and need help understanding the law, consider contacting an OWI attorney in Iowa.
For first-time offenders, Edgar Snyder & Associates points out that Iowa considers operating while intoxicated to be a mere offense, but the legal consequences naturally escalate from there. Fines and penalties for OWI in Iowa are: While 0.02% to 0.08% may be the legal limit depending on the driver`s situation, fines and other penalties for OWI in Iowa vary depending on the drunk driver`s age, blood alcohol level, and existing history of OWI convictions. Of course, these blood alcohol limits don`t just apply to Iowans; Anyone using Iowa roads can take an OWI test if a law enforcement officer has reason to believe the driver is under the influence.