Des Moines, Iowa OWI Attorney

Iowa Operating While Intoxicated (OWI) Administrative Hearing

Pursuant to Iowa law, an individual has 10 (ten) days to request an Administrative Hearing from the Iowa Department of Transportation. If you fail to request a hearing within 10 (ten) days, your right to the hearing is lost, and your driver's license in Iowa is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is crucial that you submit your request to the Department of Transportation in Iowa within 10 (ten) days. Contact a capable and knowledgeable OWI attorney in Des Moines, Iowa to help, but do not delay.

Being charged with OWI in Des Moines, Iowa can have serious repercussions, including fines, jail time, and loss of driving privileges. It is imperative that anyone facing an Iowa OWI charge understand what challenges they will encounter. It is very important you seek the legal advice of a competent and professional OWI defense attorney immediately. Call today for a professional and free consultation.

What happens if I was arrested for Operating While Intoxicated (OWI) in Des Moines?

Under Iowa law, once you have been cited for violating the OWI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your driver's license by the Iowa Department of Transportation. While both actions can result in the suspension of your Iowa driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately.

OWI Penalties for First Time Offenders

• Substance Asuse Evaluations and Treatment - An OWI offender must complete and pay for a substance abuse evaluation. The offender agrees to follow the recommendations of the evaluation, per the court's orders.
• Monetary Fines - In Des Moines, Iowa, fines for a first time OWI are $700.00 up to $1250.00, however, the court may order that the offender perform community service in lieu of paying the fine.
• Commercial Drivers - Commercial drivers are in violation of the OWI statute with a BAC (blood-alcohol concentration) of 0.04. A first time OWI (DWI) conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent OWI offenses will result in a lifetime loss of the commercial license.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement in Iowa will result in the revocation of Iowa driver's license for 1 year.
• Iowa Driving Privileges and OWI - In Des Moines, Iowa, an OWI conviction results in the revocation of the offender's driver's license for 180 days. If the offender's blood alcohol content (BAC) is lower than 0.15, and has no other OWI-related revocations within 12 years, he or she is eligible to apply for a temporary restricted license.
• Time in Jail - In Des Moines, Iowa, a first time DWI - OWI offender faces a 48 hour minimum mandatory imprisonment, with a maximum of 1 year in jail. However, in some instances, the jail sentence may be deferred or suspended by the court.

OWI Subsequent Offenses

Penalties are increasingly more severe for any additional OWI violations. Due to the complexity of OWI laws in Iowa, you may not be aware of options and rights. This is why a competent and skilled criminal defense lawyer can guide you through this emotionally challenging process. Please contact a DWI or OWI defense attorney for a free, professional consultation.

Driving While Revoked

A person who drives while their license is revoked under the Iowa OWI law commits a misdemeanor and must pay a fine of $1,000. Law enforcement officers may impound vehicles, if the driver's license of the person is revoked for an OWI. If a driver is convicted of a second or subsequent OWI (DWI) offense amd driving with a revoked license, the vehicle that is being operated must be seized and forfeited to the state. The owner of a vehicle who lends the vehicle to a person whose license is revoked for an OWI commits a misdemeanor. Please contact a local Des Moines, Iowa OWI defense attorney for help with your case.

Iowa Implied Consent

Iowa's implied consent law means that any person who operates a motor vehicle in the state agrees to have a blood, breath and/or urine test performed to determine alcohol level or presence of drugs, whenever a law enforcement officer has reasonable grounds to believe the person is operating under the influence or is otherwise impaired.

Additional Des Moines, Iowa OWI Costs

Beyond any fines and court costs you will have to pay, there are numerous other charges that can add up and cost you a lot of money. Some of the other costs for OWI might include:

• Towing - Having your vehicle towed in Des Moines, Iowa can be expensive.
• Vehicle Storage - After your vehicle is towed, it has to be stored somewhere, which is another additional cost.
• Loss of Wages - When you begin to add in the money lost by missing work, the amount really begins to add up quickly.
• Auto Insurance - On top of everything else, once you do get your license back, there is a good chance your monthly premium is going to be higher.

As you can see, there are quite a few "hidden costs" when it comes to getting a OWI in Des Moines, Iowa.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.