DWI/DUI/OWI Drunk Driving - Court Penalties And Fines In Iowa
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DUI /DWI/OWI Criminal Court Penalties/Fines
The sentencing provisions for a person convicted of an OWI offense in
Iowa vary depending on whether the current conviction is the person's
first, second, or third or subsequent OWI conviction. A person convicted
of an OWI offense faces mandatory minimum jail time and monetary
fines, including restitution. A person convicted of an OWI offense is also
required to undergo a substance abuse evaluation and, if necessary,
participate in a substance abuse treatment program, including a reality
education substance abuse prevention program and a course for
drinking drivers. In addition, a person convicted of an OWI offense faces
losing the person's driver's license for a certain period of time
depending upon the number and type of the offense, and depending on
whether the person has already lost their license administratively.
First Offense - A person convicted of a first offense OWI is guilty of a
serious misdemeanor punishable by up to one year in jail and subject
to a minimum term of imprisonment in the county jail of 48 hours less
credit for time served in a jail or detention facility or any time spent in a
court-ordered OWI program. However the court can defer the judgment
or sentence or suspend the sentence. The court cannot grant a
deferred judgment or sentence, or suspend the sentence, if the
defendant has previously been convicted of an OWI offense or the
defendant's driving record shows one or more OWI related license
revocations within the past 12 years, the defendant's alcohol
concentration exceeded .15, the defendant has previously received a
deferred judgment or sentence, the defendant refused a chemical test,
or the OWI offense resulted in bodily injury to a person other than the
defendant.
In addition, the court must impose a fine of $1,250, but the court may
waive up to $625 of the fine if the defendant presents a temporary
restricted license to the court. The court also has the option of ordering
the defendant to perform community service in lieu of the fine. The
defendant must also undergo a substance abuse evaluation at the
defendant's own cost and, if necessary, complete substance abuse
treatment, attend a course for drinking drivers, and if available and
appropriate, attend a reality education substance abuse prevention
program. The court shall also order restitution for damages resulting
directly from the offense to the victim.
Second Offense - A person convicted of a second offense OWI is guilty
of an aggravated misdemeanor and must serve a mandatory minimum
term of imprisonment in the county jail or community-based correctional
facility of seven days which cannot be suspended. The sentence must
be served on consecutive days with a maximum term of imprisonment
of two years. If the court finds that service of the full minimum term on
consecutive days would work an undue hardship on the person, or finds
that sufficient jail space is not available and is not reasonably expected
to become available within four months after sentencing the defendant,
the court may order the defendant to serve the minimum term in
segments of at least 48 hours and to perform community service. A
person convicted of a second offense OWI is ineligible for a deferred
judgment or sentence.
In addition, the defendant is subject to a minimum fine of $1,875, but not
more than $6,250.43 The court may order community service in lieu of
the fine. In addition to any fine or penalty imposed, the court shall order
restitution for damages resulting directly from the offense to the victim.
The defendant must also undergo a substance abuse evaluation at the
defendant's expense and may be committed for treatment. The court
may also order the defendant to participate in a reality education
substance abuse prevention program. The court may also order a
vehicle used in the commission of the offense and owned by the
defendant to be impounded or immobilized.
Third Or More Offenses - A person convicted of a third or subsequent
OWI offense is guilty of a class "D" felony, shall be committed to the
custody of the Department of Corrections for an indeterminate term not
to exceed five years, and shall serve a mandatory minimum term of
imprisonment of 30 days. If the court suspends the defendant's
sentence, the defendant must serve the mandatory minimum term of at
least 30 days in the county jail, and the court may commit the defendant
to community treatment. In addition, the court must impose a fine of not
less than $3,125, but not more than $9,375, and shall order restitution
for damages resulting directly from the offense to the victim. The
defendant must also undergo a substance abuse evaluation at the
defendant's expense and, if appropriate, be committed for treatment.
The offender may be committed to a continuum of programming for the
supervision and treatment of OWI violators by the Director of the
Department of Corrections or to the Judicial District Department of
Correctional Services for an unpaid community service program. The
court may also order a vehicle used in the commission of the offense
and operated by the defendant to be impounded or immobilized.
Death or Serious Injury - A person convicted of an OWI offense that
unintentionally causes the death of another person is guilty of a class B
felony punishable by up to 25 years in prison and revocation of driver's
license for six years. The court shall order the defendant, at the
defendant's expense, to enroll in and satisfactorily attend a course for
drinking drivers and to submit to evaluation and treatment or
rehabilitation services. In addition, where available and appropriate, the
court may order the defendant to attend a reality education substance
abuse program. A person convicted of an OWI offense that
unintentionally causes serious injury to a person other than the
defendant is guilty of a class "D" felony punishable by up to five years in
prison, and in addition shall be sentenced to a fine of at least $750 but
not more than $7,500. A person convicted of either of the foregoing OWI
offenses is ineligible for a deferred judgment or sentence.
Enhanced Charging - The degree or severity of a particular OWI offense
is determined by the number of OWI convictions a person has had
within the previous 12 years. This provision is the period from the date of
the oldest conviction to the date of the most current arrest. Convictions
or the equivalent of deferred judgments for violations in other states
under statutes substantially corresponding to the statute prohibiting the
operation of a motor vehicle while intoxicated in this state are counted
as previous offenses.
The sentencing provisions for a person convicted of an OWI offense in
Iowa vary depending on whether the current conviction is the person's
first, second, or third or subsequent OWI conviction. A person convicted
of an OWI offense faces mandatory minimum jail time and monetary
fines, including restitution. A person convicted of an OWI offense is also
required to undergo a substance abuse evaluation and, if necessary,
participate in a substance abuse treatment program, including a reality
education substance abuse prevention program and a course for
drinking drivers. In addition, a person convicted of an OWI offense faces
losing the person's driver's license for a certain period of time
depending upon the number and type of the offense, and depending on
whether the person has already lost their license administratively.
First Offense - A person convicted of a first offense OWI is guilty of a
serious misdemeanor punishable by up to one year in jail and subject
to a minimum term of imprisonment in the county jail of 48 hours less
credit for time served in a jail or detention facility or any time spent in a
court-ordered OWI program. However the court can defer the judgment
or sentence or suspend the sentence. The court cannot grant a
deferred judgment or sentence, or suspend the sentence, if the
defendant has previously been convicted of an OWI offense or the
defendant's driving record shows one or more OWI related license
revocations within the past 12 years, the defendant's alcohol
concentration exceeded .15, the defendant has previously received a
deferred judgment or sentence, the defendant refused a chemical test,
or the OWI offense resulted in bodily injury to a person other than the
defendant.
In addition, the court must impose a fine of $1,250, but the court may
waive up to $625 of the fine if the defendant presents a temporary
restricted license to the court. The court also has the option of ordering
the defendant to perform community service in lieu of the fine. The
defendant must also undergo a substance abuse evaluation at the
defendant's own cost and, if necessary, complete substance abuse
treatment, attend a course for drinking drivers, and if available and
appropriate, attend a reality education substance abuse prevention
program. The court shall also order restitution for damages resulting
directly from the offense to the victim.
Second Offense - A person convicted of a second offense OWI is guilty
of an aggravated misdemeanor and must serve a mandatory minimum
term of imprisonment in the county jail or community-based correctional
facility of seven days which cannot be suspended. The sentence must
be served on consecutive days with a maximum term of imprisonment
of two years. If the court finds that service of the full minimum term on
consecutive days would work an undue hardship on the person, or finds
that sufficient jail space is not available and is not reasonably expected
to become available within four months after sentencing the defendant,
the court may order the defendant to serve the minimum term in
segments of at least 48 hours and to perform community service. A
person convicted of a second offense OWI is ineligible for a deferred
judgment or sentence.
In addition, the defendant is subject to a minimum fine of $1,875, but not
more than $6,250.43 The court may order community service in lieu of
the fine. In addition to any fine or penalty imposed, the court shall order
restitution for damages resulting directly from the offense to the victim.
The defendant must also undergo a substance abuse evaluation at the
defendant's expense and may be committed for treatment. The court
may also order the defendant to participate in a reality education
substance abuse prevention program. The court may also order a
vehicle used in the commission of the offense and owned by the
defendant to be impounded or immobilized.
Third Or More Offenses - A person convicted of a third or subsequent
OWI offense is guilty of a class "D" felony, shall be committed to the
custody of the Department of Corrections for an indeterminate term not
to exceed five years, and shall serve a mandatory minimum term of
imprisonment of 30 days. If the court suspends the defendant's
sentence, the defendant must serve the mandatory minimum term of at
least 30 days in the county jail, and the court may commit the defendant
to community treatment. In addition, the court must impose a fine of not
less than $3,125, but not more than $9,375, and shall order restitution
for damages resulting directly from the offense to the victim. The
defendant must also undergo a substance abuse evaluation at the
defendant's expense and, if appropriate, be committed for treatment.
The offender may be committed to a continuum of programming for the
supervision and treatment of OWI violators by the Director of the
Department of Corrections or to the Judicial District Department of
Correctional Services for an unpaid community service program. The
court may also order a vehicle used in the commission of the offense
and operated by the defendant to be impounded or immobilized.
Death or Serious Injury - A person convicted of an OWI offense that
unintentionally causes the death of another person is guilty of a class B
felony punishable by up to 25 years in prison and revocation of driver's
license for six years. The court shall order the defendant, at the
defendant's expense, to enroll in and satisfactorily attend a course for
drinking drivers and to submit to evaluation and treatment or
rehabilitation services. In addition, where available and appropriate, the
court may order the defendant to attend a reality education substance
abuse program. A person convicted of an OWI offense that
unintentionally causes serious injury to a person other than the
defendant is guilty of a class "D" felony punishable by up to five years in
prison, and in addition shall be sentenced to a fine of at least $750 but
not more than $7,500. A person convicted of either of the foregoing OWI
offenses is ineligible for a deferred judgment or sentence.
Enhanced Charging - The degree or severity of a particular OWI offense
is determined by the number of OWI convictions a person has had
within the previous 12 years. This provision is the period from the date of
the oldest conviction to the date of the most current arrest. Convictions
or the equivalent of deferred judgments for violations in other states
under statutes substantially corresponding to the statute prohibiting the
operation of a motor vehicle while intoxicated in this state are counted
as previous offenses.
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