Iowa DUI Penalties

A DUI charge in the state of Iowa may result in a number of penalties, ranging from jail time, fines, the suspension of the offender’s driving privileges, community service, and so on. A DUI case in Iowa may be prosecuted under one of two theories. The first follows the concept that an individual who is driving under the influence of an intoxicant (alcohol, drugs, or both) is considered to be impaired from safely driving a motor vehicle.

The second concept follows a violation of the state’s “per se” law, which states that an individual with a blood alcohol level (BAC) of .08 percent or higher is legally intoxicated and thus not able to properly operate a vehicle. Furthermore, the state of Iowa follows the concept of “immediate physical control” which means that an individual can be charged with a DUI if they are operating a motor vehicle that is either running or in motion. This fortunately means that unlike some states, a person cannot receive a DUI for simple being in a vehicle, as the motor must be running for them to be charged.

Finally, a DUI conviction in the state of Iowa will trigger two separate cases, the first one being a Iowa criminal court hearing, and the second being a Iowa Motor Vehicles Division hearing.

First offense

The penalties for a first time offense may result in the mandatory minimum sentence, which can be a maximum of two days in jail, a fine of $1,250, plus a government surcharge of $400. Furthermore, per the discretion of the criminal court, an offender may receive the maximum penalty, which is a jail sentence of up to one year and/or a fine of up to $1,500.

Second offense

The penalties for a second offense are: a minimum of seven days in jail and a fine of at least $1,850. In addition, if the arresting officer felt the offender was inappropriately aggressive, the individual may receive an “aggravated misdemeanor” charge, which may result in a prison sentence of up to two years and/or a fine of up to $5,000.

Third offense

A third DUI offense in the state of Iowa can be considered a class D felony, which may result in a penalty of up to five years in prison and/or a fine of up to $7,500. However, the mandatory minimum penalty is thirty days in jail and a fine of $3,125.

Though the penalties for a DUI in Iowa may seem severe, a skilled Iowa DUI lawyer can help an offender minimize the extensive penalties for driving drunk. It is recommended that if you are arrested and charged for a DUI in the state of Iowa, that you contact a DUI defense lawyer immediately.