• State Penal Code – IA Code Chapter 321J
• Open Container Laws – Yes
• Repeat Offender Laws – Yes
• Check Points – None (not permitted by state law)
• Alcohol Exclusion Laws Limiting Treatment – None

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Iowa are:

1st Refusal

• 1 month license revocation

2nd Refusal

• 2 year license revocation

3rd Refusal

• 2 year license revocation

In Iowa the lookback period is 12 years
Any arrest for DUI/DWI within 12 years of your first offense results in higher penalties

Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• 60 day license suspension (180 days if BAC is over .02%)

• $625 – $1250 fine (if BAC is over .08%)

• Prison (if BAC is over .08%, 2 day minimum, 1 year maximum)

2nd Offense

• license suspended for 2 years
• $1875 – $6250 fine
• Prison (7 day minimum, 2 years maximum)

1st Offense

• 180 day suspension of driver’s license

• $625 -$1200 fine

• Prison (48 hour minimum, 1 year maximum)

• Installation of Ignition Interlock Device (if BAC is over .10%)

2nd Offense

• 2 year license suspension

• $1875 – $6250 fine

• Prison (7 day minimum, 2 year maximum)

• Installation of an Ignition Interlock Device

• In Iowa, there are no official prescribed penalties for high BAC on the books
• However, it is generally acknowledged that a  first offense with a BAC over .15% will result in higher than normal penalties
• A second DUI/DWI conviction within the 12 year lookback period will automatically be classified as an Aggravated offense

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger vehicle will result in a three to 12-month basic driver license suspension, and a one year CDL suspension
• A second DUI conviction in a passenger vehicle will result in a two-year basic driver license suspension and a permanently revoked CDL.

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Iowa an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 2 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Iowa does allow for plea bargains in DUI/DWI cases
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved