OWI Laws in Iowa

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First Offense:

  • Minimum Penalties (Serious Misdemeanor):
    • 48 hours in jail (can be served as a weekend program)
    • $1,250 fine (may be reduced to $625 if a temporary restricted license is obtained and an ignition interlock device is installed)
    • Substance abuse evaluation and treatment
    • License revocation: 180 days (or 1 year if no test was taken)
  • Maximum Penalties:
    • Up to 1 year in jail
    • $1,250 fine
    • License revocation: 1 year (or 2 years if no test was taken)
    • Up to 1 year probation

Second Offense:

  • Minimum Penalties (Aggravated Misdemeanor):
    • 7 days in jail
    • $1,875 fine
    • Substance abuse evaluation and treatment
    • License revocation: 1 year
    • Up to 2 years probation
  • Maximum Penalties:
    • Up to 2 years in prison
    • $6,250 fine

Third or Subsequent Offense:

  • Minimum Penalties:
    • 30 days in jail
    • $3,125 fine
    • Substance abuse evaluation and treatment
    • License revocation: 6 years
    • 2 years probation
  • Maximum Penalties:
    • Up to 5 years in prison
    • $9,375 fine
    • Up to 5 years probation

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06/27/2025

Priscilla Frisby

Priscilla Frisby: The NCDD Member in the Spotlight is Priscilla Frisby of Tucson, Arizona. Priscilla has practiced law for approximately 17 years. She speaks fluent Spanish. Priscilla was born in Douglas, Arizona and raised in neighboring Agua Prieta, Sonora, Mexico (across the border from Douglas, Arizona). At the age of 10, her parents bought a house on the United States side,...

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06/27/2025

Interview With an Amicus

Written by Michelle L. Behan Amicus Curiae (Latin for "Friend of the Court") refers to a brief that is filed by an interested, non-party to the matter under consideration. This is often done...

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Interview With an Amicus

06/27/2025

Written by Michelle L. Behan Amicus Curiae (Latin for "Friend of the Court") refers to a brief that is filed by an interested, non-party to the matter under consideration. This is often done in cases where organizations and entities wish to provide the reviewing court with their point of view, be it social or public policy implications, or special interest agendas....

Keeping FSTs Out of a Trial

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Written by Neil Halttunen I want to address a common issue that DWI practitioners are facing, trying to keep FSTs out of a trial. One way is to take the position that FSTs are scientific evidence and make the prosecutor lay scientific foundation which they rarely can do. The HGN test was the result of several studies. See Generally Session 8 of...

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