Cedar Rapids OWI Lawyer explains OWI penalties

First time operating while intoxicated, or, operating while under the influence, in Iowa, in violation of Iowa Code Sec. 321J.2, is punishable by a minimum 48 hours in jail, fines ranging from $1250 to $1875, and a maximum of 365 days in jail. Test refusals and BrAC test results of .15 or higher are deferred judgment ineligibile.

 

Second offense OWI in Iowa is punishable by at least seven days in jail, fines ranging from $1875 to $6250, and a maximum indeterminate prison sentence of two years. 

 

Third offense OWI in Iowa is punishable by at least 30 days in jail. The balance of an indetermine prison sentence of five years may be suspended. Fines range from three thousand one hundred twenty-five dollars to nine thousand three hundred seventy-five dollars

 

If you or a loved one has been arrested for OWI in Iowa, contact David A. Cmelik Law PLC at 319-389-1889

OWI-1st

Serious misdemeanor. 48 hours in jail minimum. Fines ranging from $1250 to $1875. Maximum one year in jail. Test refusals and BrACs of .15 or higher are deferred judgment ineligible. Weekend program *may* substitute for jail if otherwise acceptable to the court. 

OWI-2nd

Aggravated misdemeanor. Seven (7) days in jail minimum. Fines ranging from $1875-$6250. Always deferred ineligible. Seven days cannot be suspended. May be separated into multiple surrender dates of no fewer than 48 hours if court finds undue hardship. Maximum indeterminate two year prison sentence.

OWI-3rd

Class "D" felony. Always deferred ineligible. Thirty (30) days jail always required. Balance of indeterminate prison sentence *may* be suspended if acceptable to the court. Fines ranging from $3125 to $9375. 

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