Operating While Intoxicated

 

What are the criminal penalties for Operating While Intoxicated?

 

   OWI 1st offense is a serious misdemeanor, punishable by up to one year in jail and a fine of $1,000 or both.  The minimum jail

     time is 48 hours.

   OWI 2nd offense is an aggravated misdemeanor, punishable by up to two years in prison and a fine from $1,500 to $5,000. 

     The minimum jail time is 7 days. 

   OWI 3rd or subsequent offense is a class "D" felony, punishable by up to 5 years in prison and a fine from $2,500 to $7,500. 

     The minimum jail time is 30 days.

   OWI causing serious injury to another person is a class "D" felony, punishable by up to 5 years in prison.  A fine from $500 to

     $7,500 may be imposed, and victim restitution may be ordered. 

   OWI causing the death of another person is a class "B" felony, punishable by up to 25 years in prison.  There is no fine, but

     victim restitution may be ordered.

   All persons convicted of OWI must undergo a substance abuse evaluation (at the offender's expense) prior to sentencing, and

     the court must order the defendant to follow recommendations of the evaluation.

   The license of a person under 21 who submits to a chemical test which indicates an alcohol level of .02 or more but less that

    .08 will be revoked for 60 days on a first violation and 90 days on subsequent violations.  If such a person is suspected of

    operating with an alcohol level of .02 or more but refuses chemical testing, the license revocation will be one year on a first

    violation and two years on a second or subsequent violation.  If the license is revoked on for a .02 violation, the driver is not

    eligible for a temporary restricted license at any time during the revocation.

See full size image

 

Drunk Driving

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OWI Revocations

 

   A driver that submits to a breath test and the chemical test indicates an alcohol level of .08 or more or the presence of a controlled substance, and the person has had no OWI-related revocations in the previous 12 years, the minimum revocation is

180 days.  May apply for a temporary restricted license.

   A driver that submits to a breath test and the chemical test indicates an alcohol level of .08 or more or the presence of a controlled substance, and the person has one or more revocations in the previous 12 years, the minimum revocation is 1 year.  Not eligible for temporary restricted license for 1 year.

   A driver that refuses a chemical test and the person has had no other OWI related revocations in the previous 12 years, the minimum revocation is 1 year.  May apply for a temporary restricted license after the first 90 days if an ignition interlock device is installed on all vehicles and a plea of guilty is entered.

   A driver that refuses a chemical test and the person has had one or more revocations in the previous 12 years, the minimum revocation is 2 years.  May apply for a temporary restricted license after 1 year if an ignition interlock device is installed on all vehicles. 

 

 

Back to F.A.Q.

Home | Mission | Services | Tips | Jail | Press | Sales | Warrants | Wanted | Photo | 911 | K9 | Staff | Jobs | Grants | History | FAQ | Links | Permits | Car Camera

Visit the Osceola County Website | Visit the Sibley Iowa Website