What is OWI? (Part 2)

    Today we'll be discussing the different levels of OWI and the punishments a person could face if found guilty of, or they plead guilty to, an OWI charge.  Iowa divides OWIs into three levels:  First, Second, and Third Offense.  Each level has its own classification and penalties.

   OWI First Offense [See Iowa Code §321J.2(2)(a)] is a serious misdemeanor, punishable all of the following:

      1.      Imprisonment of no less than 48 hours and no more than 1 year
      2.      Fine of $1,250 (Can be reduced to $625 if not personal or property injury occurred and defendant obtains a temporary restricted license)
      3.      License revocation for between 180 days and one year
      4.      Assignment to substance abuse evaluation and treatment and a course for drinking drivers.

   OWI Second Offense [See Iowa Code §321J.2(2)(b)] is a aggravated misdemeanor, punishable by imprisonment of no less than seven days and no more than two years and a fine between $1,875 and $6,250.

   OWI Third Offense [See Iowa Code §321J.2(2)(c)] is a class D felony, punishable by imprisonment of no less than thirty days and no more than five years and a fine between $3,125 and $9,375.

   County Attorneys have a good deal of discretion in charging OWI Second and Third Offense and it is possible for a person to obtain multiple convictions on a lower offense level.  However, it should also be noted that judges cannot suspend or defer the minimum imprisonment sentences for any level of OWI, although the sentences may be satisfied by time served or, in the case of OWI First Offense, completion of a court-selected weekend course, typically offered by local community colleges at the defendant’s expense.  It’s also worth noting that there are several restrictions on when an OWI qualifies for a deferred judgment, with the most common obstacle being a BAC of .15 or over.

   OWI law is complicated, and, if you’re charged with OWI, you may need an Iowa Criminal Defense Attorney, like those found at Van Cleaf & McCormack Law Firm.  You can call today to schedule a free consultation.