Iowa City DUI Defense Lawyers Defending Against Drunk Driving Charges
Anyone charged with OWI in Iowa has a lot on the line — in many cases, far more than they realize. The impact of drunk driving (sometimes called DUI or DWI) can be both immediately devastating and a long-term barrier to achieving vital goals in life. Finding dedicated, informed legal counsel is critical.
If you have been charged with operating while intoxicated (OWI) or another alcohol-related offense, please learn all the potential consequences before deciding how to proceed. You need sound and knowledgeable professional advice right away. Our dedicated, resourceful Iowa criminal defense attorneys are just one call away and here to serve you.
Focused Protection For Your Rights
With several decades of experience, Iowa City DUI attorney Shawn Fitzgerald is thoroughly versed in current laws and defense strategies. At our firm, each client receives frank, clear counsel directed toward sound decision-making. We provide:
- Accurate information on all potential consequences of an Iowa OWI, which can include serious damage to educational and job prospects as well as a lengthy driver’s license suspension and jail time
- Personalized guidance tailored to each individual’s most important concerns, such as loss of financial aid and “add-on” penalties in the home states of college students arrested in Iowa
- Exploration of all viable options for avoiding conviction and a criminal record or minimizing consequences, from fighting the charge aggressively in court to negotiating with the prosecutor for a manageable outcome
These services we will provide for you. You may have made a mistake, but you are still entitled to the best defense possible.
Our criminal defense experience throughout Iowa City and the surrounding area has taught us the value of a strong defense and personalized care. When representing you, we will be there from the initial arraignment until the final resolution. We will help you understand your every legal option. Whether it is your first offense or third offense DUI in Iowa, we will listen to your concerns.
What Happens If You’re Caught Driving On A Suspended License?
Driving with a suspended driver’s license is a misdemeanor criminal offense in Iowa. You may be fined $1,500 and spend up to a year in prison. Additionally, your existing driver’s license suspension period could double, or you may be permanently stripped of your driving privileges.
What Are The Penalties For Boating Under The Influence In Iowa?
Boating under the influence of alcohol or drugs is the same as driving a car in the eyes of the law, so the same penalties apply. For a first-time OWI in Iowa, the penalties could include up to a one-year prison sentence, a fine of $1,250, and a 180-day driver’s license suspension period. The penalties grow more severe with each subsequent offense.
How Do OWI/DUI Penalties Differ For Underage Drivers?
Drivers under 21 cannot legally have a blood alcohol content (BAC) exceeding .02%. If they do, and it’s their first offense, they’ll lose their driver’s license for 60 days. That period extends to 90 days for subsequent offenses. If their BAC is under .08, they will incur no other penalties. If it is, the same penalties for drivers who are of age apply.
Driver's License Suspension: What to Expect
If you get convicted of drunk driving in Iowa, it is almost certain that your driver’s license will be suspended. You can also lose your license for a year if you refuse to comply with chemical testing after being arrested for OWI, in addition to being fined $200. However, you may be able to get a restricted license if you install an ignition interlock device on your car. With a restricted license, you will be able to drive to go to work and fulfill other essential duties. If you work with our firm, we will help you understand criminal defense in Des Moines to protect your driving privileges.
How Long Will Your License Be Suspended?
The length of your suspension depends on how many prior OWI offenses are on your record. Iowa law sets the following minimum suspension periods upon conviction:
- First offense: A minimum 180-day suspension. This applies to most standard first-time OWI convictions. If your BAC was .15% or higher, you could be ineligible for deferred judgment. The suspension period and other penalties may be increased.
- Second offense: A minimum one-year revocation of your driving privileges for failing a chemical test, or two years if you refused the test or other conviction-based factors apply. A second OWI conviction within 12 years of the first is treated significantly more seriously under Iowa law.
- Third offense: A minimum six-year revocation. A third OWI conviction is charged as a class D felony in Iowa, and the consequences for your driving privileges reflect that severity.
These are minimum periods. Actual suspension or revocation lengths can be longer depending on the facts of your case, your BAC level, and whether aggravating factors are present.
Qualifying For a Restricted License in Iowa City
In many cases, you do not have to wait out your entire suspension without any ability to drive. Iowa allows eligible drivers to apply for a temporary restricted license (TRL), sometimes called a work permit, which allows limited driving during the suspension period. To qualify, you will generally need to:
- Have an ignition interlock device (IID) installed on any vehicle you will operate
- Show that driving is necessary for essential purposes, such as getting to work, attending school, completing court-ordered programs, or obtaining medical care
- Meet any waiting period requirements set by the Iowa Department of Transportation (DOT)
- Have no prior IID violations or other disqualifying factors on your record
Not every driver will qualify. For example, drivers with certain prior offenses or those who refused chemical testing may face additional restrictions or longer waiting periods before becoming eligible. An attorney can help you determine whether you qualify and guide you through the application process.
Getting Your Full Driving Privileges Reinstated
Completing your suspension period is only part of the process. To get your full driving privileges back, you will typically need to take several additional steps through the Iowa DOT. These steps can include:
- Paying a license reinstatement fee
- Providing proof of financial responsibility, usually by filing an SR-22 certificate of insurance with the Iowa DOT
- Completing any court-ordered substance abuse evaluation and treatment programs
- Satisfying all IID requirements, including any mandatory period of IID use following reinstatement
- Passing any required knowledge or skills tests if your license has been revoked for an extended period
The reinstatement process can feel overwhelming, especially when you are also managing court requirements and the other consequences of an OWI charge. Our Iowa City OWI defense attorney, Shawn Fitzgerald, can help you track what is required and make sure nothing is missed so you can get back on the road as soon as legally possible.
What Additional DUI/OWI Penalties Could College Students Face?
College students convicted of DUI/OWI in Iowa may face academic consequences in addition to legal penalties. Universities may impose disciplinary actions such as:
- Suspension
- Expulsion
- Loss of scholarships
- Loss of campus housing opportunities
A DUI/OWI conviction can also affect eligibility for federal financial aid. Additionally, students involved in extracurricular activities, including athletics, may face suspension from teams, clubs or organizations.
What Is The BAC Limit In Iowa?
In Iowa, the legal blood alcohol concentration (BAC) limit depends on the type of driver:
- Drivers 21 and older: The standard BAC limit is .08%. A BAC at or above this level can result in an Operating While Intoxicated (OWI) charge, even if the driver does not appear impaired.
- Commercial drivers: The BAC limit for individuals operating commercial vehicles is .04%. A violation can lead to criminal penalties and disqualification of a commercial driver’s license (CDL), impacting employment.
- Drivers under 21 (Zero Tolerance Law): Iowa enforces a zero-tolerance policy for underage drivers, meaning a BAC of .02% or higher can result in legal consequences.
It is important to note that Iowa also has enhanced penalties for high BAC levels. A driver with a BAC of .15% or higher may face harsher sentencing, increased fines, longer license suspensions and mandatory ignition interlock device (IID) installation.
What Happens If I Refuse A Breath Test?
Refusing a breath test in Iowa triggers implied consent laws, leading to automatic penalties. A first refusal results in a one-year driver’s license revocation, while a second refusal within 12 years leads to a two-year revocation.
Additionally, refusal may result in mandatory ignition interlock device (IID) installation if a driver seeks reinstatement of driving privileges. A refusal can also be used as evidence in court, potentially leading to harsher penalties in a DUI/OWI case.
Can I Refuse Field Sobriety Tests In Iowa?
Yes, drivers in Iowa can legally refuse field sobriety tests (FSTs). FSTs are physical and cognitive tests used by law enforcement to assess impairment, including:
- Horizontal gaze nystagmus (HGN)
- Walk-and-turn
- One-leg stand
These tests are subjective and can be influenced by medical conditions, nervousness or poor coordination. While refusing FSTs may limit the evidence against a driver, law enforcement may still proceed with an arrest based on other observations.
How Our Experience Helps
Our lawyers’ knowledge and capabilities cover the spectrum of first-time, repeat and aggravated drunk driving offenses. Whatever the charge and whatever the specific circumstances, we work every angle to help you.
Please contact us as soon as possible for the legal guidance and representation you need in this pivotal time. At Fitzgerald, Klesner, & Pavelich, PLC, we will prioritize your case and deliver the personal attention you deserve. Reaching us is easy. Just dial 319-354-1712.