What is OWI? (Part 1)

    OWI stands for Operating While Intoxicated, and is the term Iowa and some other states use for driving while drunk or under the influence of drugs.  You may be more familiar with DUI (Driving Under the Influence) which is used in other states and is used more commonly in popular culture.

   Iowa’s OWI law can be found in Section 321J of the Iowa Code.  The section is quite lengthy and has multiple subparts.  For the purpose of defining OWI, we will go to Section 321J.2(1), which is the section that specifically criminalizes OWI.  To quote the statute:
“A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions:
     a.       While under the influence of an alcoholic beverage or other drug or a combination of such substances.
     b.      While having an alcohol concentration of .08 or more.
     c.       While any amount of a controlled substance is present in the person, as measured in the person’s blood or urine.”

   As laws go, this is pretty simply worded, but there are a couple things worth mentioning.  First, subsection (a) is a sort of catch all provision that gives the state a great deal of leeway in charging.  Under this section, a particular level of blood alcohol need not be proven.  This means that, despite what many people think, beating a breathalyzer is not the most important thing in these cases.  Second, note that any amount of a controlled substance is sufficient for an arrest under this statute.  Also note that the term is “controlled” substance, not “illegal.”  A person can be convicted of OWI for having perfectly legal prescription drugs in their system.

   Our next post will continue discussing OWI, but if you’ve been charged with OWI, don’t wait. You may want to contact an Iowa Criminal Defense Attorney today, like those found at Van Cleaf & McCormack Law Firm.  You can call today to schedule a free consultation.