Iowa · OWI
Iowa OWI laws and penalties
Iowa's legal BAC limit is 0.08%. For a first offense, Iowa's statute provides jail of 48 hours to 1 year and a fine of $1,250. The license hearing, the ignition interlock rule and the statute behind every figure are below.
In Iowa the offense is called OWI (operating while intoxicated). It is the offense most states call DUI.
Figures read from official pages on .
Iowa OWI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- None
- No higher tier in the law
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- 12 years
- Prior OWI offenses that count
License hearing: ask within 10 days
Return the form that comes with the notice of revocation within 10 days of receiving it, or the right to a hearing is lost. Count the days with the license-hearing window calculator.Higher BAC level. No high-BAC tier changes the penalty for a first offense.
Ignition interlock. Required as a condition of a temporary restricted license; on conviction the court may also order devices on all vehicles the defendant operates.
Lookback. Priors count for 12 years, because convictions and revocations are deleted from the driving record after that.
01Penalties
Iowa OWI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | 48 hours | 7 days |
| Jail (maximum) | 1 year | 2 years |
| Fine (minimum) | $1,250 | $1,875 |
| Fine (maximum) | $1,250 | $6,250 |
| License suspension | 180 days to 1 year revocation | 1 year revocation (2 years if test refusal) |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Iowa compares
Of the 49 states with a confirmed BAC limit, 48 (Iowa among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Iowa requires one in some cases.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Iowa gives 10.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Illinois | 0.08% | 90 days | In some cases | Less than 1 year | $75 to $2,500 | Revocation; may not apply for a new license until 1 year after the revocation takes effect |
| Iowa (this page) | 0.08% | 10 days | In some cases | 48 hours to 1 year | $1,250 | 180 days to 1 year revocation |
| Minnesota | 0.08% | 60 days | In some cases | Up to 90 days | Up to $1,000 | 30 days minimum on conviction; 90 days minimum if revoked after a failed test |
| Missouri | 0.08% | 15 days | In some cases | Up to 6 months | Up to $1,000 | 30 days suspension, then 60 days restricted driving privilege |
| Nebraska | 0.08% | 10 days | Required | 7 days to 60 days | $500 | 6 months |
| South Dakota | 0.08% | No fixed deadline | Not required | Up to 1 year | Up to $2,000 | 30 days minimum |
| Wisconsin | 0.08% | 10 days | In some cases | None | $150 to $300 | 6 to 9 months |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How an OWI case moves through the system in Iowa
Arrest and booking
Police arrest a driver on suspicion of OWI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Return the form that comes with the notice of revocation within 10 days of receiving it, or the right to a hearing is lost.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Iowa's statute provides jail of 48 hours to 1 year and a fine of $1,250. See the penalties table above.
04Sources
Where Iowa's figures come from
- Iowa Code § 321J.2 (legis.iowa.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
- Iowa Code § 321J.2A(1) (legis.iowa.gov)BAC limit under 21
- Iowa Code § 321.12(4); § 321J.2(8)(a) (legis.iowa.gov)Lookback period
- Iowa Code § 321J.13(2) (legis.iowa.gov)License hearing request
Show the exact words behind each figureHide the exact words
- Main statute
Iowa Code § 321J.2
Iowa Code § 321J.2
321J.2 Operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI).
- BAC limit, age 21 and over
0.08%
Iowa Code § 321J.2(1)(b)
b. While having an alcohol concentration of .08 or more.
- Higher BAC level
None set by the law
Iowa Code § 321J.2(3)(b)(2)(a)
2. A person who violates subsection 1 commits: a. A serious misdemeanor for the first offense. b. An aggravated misdemeanor for a second offense. c. A class "D" felony for a third offense and each subsequent offense. 3. A first offense is punishable by all of the following: a. A minimum period of imprisonment in the county jail of forty-eight hours, but not to exceed one year
- BAC limit under 21
0.02%
Iowa Code § 321J.2A(1)
A person who is under the age of twenty-one shall not operate a motor vehicle while having an alcohol concentration, as defined under section 321J.1, of .02 or more.
- Lookback period
12 years
Iowa Code § 321.12(4); § 321J.2(8)(a)
a conviction or revocation under section 321J.2 or 321J.2A that is not subject to 49 C.F.R. pt. 383 shall be deleted from the operating records twelve years after the date of conviction or the effective date of revocation.
- License hearing request
10 days
Iowa Code § 321J.13(2)
The department shall grant the person an opportunity to be heard within forty-five days of receipt of a request for a hearing if the request is made not later than ten days after receipt of notice of revocation served pursuant to section 321J.9 or 321J.12.
- Ignition interlock, first offense
Required in some cases
Iowa Code § 321J.2(3)(d); § 321J.4(1), (8)
The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles operated by the defendant if the defendant seeks a temporary restricted license.
- First offense: jail, minimum
48 hours
Iowa Code § 321J.2(3)(a)
A minimum period of imprisonment in the county jail of forty-eight hours, but not to exceed one year, to be served as ordered by the court
- First offense: jail, maximum
1 year
Iowa Code § 321J.2(3)(a)
Same passage as above.
- First offense: fine, minimum
$1,250
Iowa Code § 321J.2(3)(c)
c. Assessment of a fine of one thousand two hundred fifty dollars.
- First offense: fine, maximum
$1,250
Iowa Code § 321J.2(3)(c)
Same passage as above.
- First offense: license
180 days to 1 year revocation
Iowa Code § 321J.2(3)(d)
for a minimum period of one hundred eighty days up to a maximum revocation period of one year
- Second offense: jail, minimum
7 days
Iowa Code § 321J.2(4)(a)
A minimum period of imprisonment in the county jail or community-based correctional facility of seven days but not to exceed two years.
- Second offense: jail, maximum
2 years
Iowa Code § 321J.2(4)(a)
Same passage as above.
- Second offense: fine, minimum
$1,875
Iowa Code § 321J.2(4)(b)
Assessment of a minimum fine of one thousand eight hundred seventy-five dollars and a maximum fine of six thousand two hundred fifty dollars.
- Second offense: fine, maximum
$6,250
Iowa Code § 321J.2(4)(b)
Same passage as above.
- Second offense: license
1 year revocation (2 years if test refusal)
Iowa Code § 321J.2(4)(c)
for a period of one year, if a revocation occurs pursuant to section 321J.12, subsection 1. If a revocation occurs due to test refusal under section 321J.9, or pursuant to section 321J.4, subsection 2
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.