Iowa OWI Laws & Penalties
Last reviewed:
Iowa says 'operating while intoxicated' (OWI). Deferred judgment on a clean first offense is the headline mercy path; a 0.15 test, refusal, or prior kills eligibility.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: 12 years. 12-year lookback — longer than most states; deferred judgments AND convictions both count as priors. Third within 12 = Class D felony.
- Primary statute: Iowa Code § 321J.2
0.15+ does not create a separate crime but disqualifies deferred judgment and lengthens IID; also triggers IID even for a first offender who wants a restricted license.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | serious misdemeanor | 48 hours – 1 year; mandatory min 48 hours (unless deferred judgment) | $1,250 ($1,250 fixed fine; up to $625 may be waived if no injury and a temporary restricted license is obtained. Plus surcharges/fees per ch. 911.) | 180 days (test failure) / 1 year (refusal) – 1 year; hardship: restricted license with IID during revocation | Required |
| Second offense | aggravated misdemeanor | 7 days – 2 years; mandatory min 7 days | $1,875–$6,250 | 1 year (test failure) / 2 years (refusal) – 2 years; hardship: IID restricted license | Required |
| Third offense | Class D felony (within 12 years) | 30 days – 5 years (prison); mandatory min 30 days | $3,125–$9,375 | 6-year revocation – 6 years; hardship: IID path after portion served | Required |
First offense
- Classification: serious misdemeanor
- Jail: 48 hours – 1 year; mandatory min 48 hours (unless deferred judgment)
- Fine: $1,250 ($1,250 fixed fine; up to $625 may be waived if no injury and a temporary restricted license is obtained. Plus surcharges/fees per ch. 911.)
- License suspension: 180 days (test failure) / 1 year (refusal) – 1 year; hardship: restricted license with IID during revocation
- Alternative disposition: Deferred judgment available ONLY if: BAC under 0.15, no refusal, no prior OWI, no prior felony, no injury. Completion = no conviction. This is the single most important IA first-offense fact.
- Interlock: IID required for a temporary restricted license and for reinstatement after 0.15+/refusal.
- Substance abuse evaluation + course + optional 'drinking drivers' program.
Second offense
- Classification: aggravated misdemeanor
- Jail: 7 days – 2 years; mandatory min 7 days
- Fine: $1,875–$6,250
- License suspension: 1 year (test failure) / 2 years (refusal) – 2 years; hardship: IID restricted license
Third offense
- Classification: Class D felony (within 12 years)
- Jail: 30 days – 5 years (prison); mandatory min 30 days
- Fine: $3,125–$9,375
- License suspension: 6-year revocation – 6 years; hardship: IID path after portion served
- Habitual-offender enhancement possible.
Refusing a chemical test (implied consent)
Refusal: 1-year revocation (first; longer with priors) AND disqualifies deferred judgment. Refusal admissible.
Statute: Iowa Code § 321J.9
Ignition interlock
IID required for temporary restricted licenses and for reinstatement after high-BAC/refusal/repeat; Iowa lets most revoked OWI drivers back on the road early with an IID.
Statute: Iowa Code § 321J.20
Frequently asked questions
What is the penalty for a first OWI in Iowa?
A first OWI in Iowa is a serious misdemeanor. Jail: 48 hours – 1 year; mandatory min 48 hours (unless deferred judgment). Fine: $1,250 ($1,250 fixed fine; up to $625 may be waived if no injury and a temporary restricted license is obtained. Plus surcharges/fees per ch. 911.). License suspension: 180 days (test failure) / 1 year (refusal) – 1 year; hardship: restricted license with IID during revocation.
What is the legal BAC limit in Iowa?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Iowa look back at prior OWI offenses?
12 years. 12-year lookback — longer than most states; deferred judgments AND convictions both count as priors. Third within 12 = Class D felony.