DUI Laws in Iowa (OWI)

Iowa uses the term "OWI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 12 years. 3rd OWI offense within 12 years (Class D felony). Also: any OWI causing serious injury (Class D felony) or death (Class B felony).. Below are the full details of Iowa's DUI laws and penalties.

Last updated: 2026-03-27

Overview

Iowa uses the term Operating While Intoxicated (OWI) and has a comprehensive system that distinguishes between OWI first offense, OWI second offense, and OWI third or subsequent offense with escalating penalties. Iowa uses a 12-year lookback period — one of the longer windows in the nation — for determining repeat offense enhancements. The state is notable for its deferred judgment option for first-time offenders, which can prevent a conviction from going on the permanent record. Iowa also mandates a substance abuse evaluation for every OWI offender and has implemented a robust temporary restricted license (TRL) program paired with ignition interlock devices.

Official term: OWI

BAC Limits

Driver Type	BAC Limit
Standard (21+)	0.08%
Commercial (CDL)	0.04%
Under 21	0.02%
Enhanced Penalty	0.15% — triggers enhanced mandatory minimums and longer license revocation periods

Penalties by Offense

Offense	Classification	Jail Time	Fines	License Suspension	IID
1st Offense	Serious misdemeanor	Minimum 48 hours, up to 1 year. If BAC 0.15+: mandatory minimum 7 days	$1,250 minimum, up to $1,875 (serious misdemeanor range). 35% surcharge added ($437.50–$656.25).	180-day revocation (administrative). If BAC 0.15+ or refusal: 1-year revocation. Eligible for temporary restricted license (TRL) with IID after 30 days.	Required for temporary restricted license (TRL); minimum 6 months for standard first offense, 1 year if BAC 0.15+ or refusal
2nd Offense	Aggravated misdemeanor	Mandatory minimum 7 days, up to 2 years. If BAC 0.15+: mandatory minimum 10 days	$1,875 minimum, up to $6,250 (aggravated misdemeanor range). Plus 35% surcharge.	1-year revocation (if within 12 years of first). 2-year revocation if BAC 0.15+ or refusal. Eligible for TRL with IID after minimum 45 days (or 90 days if BAC 0.15+).	Mandatory for TRL; minimum 1 year. If BAC 0.15+: minimum 2 years
3rd Offense	Class D felony	Up to 5 years; mandatory minimum 30 days in jail or residential treatment facility	$3,125 minimum, up to $9,375 (Class D felony range). Plus 35% surcharge.	6-year revocation. Eligible for TRL with IID after minimum 1 year.	Mandatory for TRL and for full reinstatement; minimum 2–4 years
Felony	Class D felony (3rd offense); Class B felony (OWI causing death)	Class D: up to 5 years, mandatory minimum 30 days. Class B (vehicular homicide): up to 25 years with mandatory minimum.	Class D: $3,125–$9,375 plus surcharge. Class B: up to $12,500 plus surcharge.	Class D: 6-year revocation. Class B: permanent revocation; may petition after extended period.	Mandatory for any reinstatement or TRL granted

Felony threshold: 3rd OWI offense within 12 years (Class D felony). Also: any OWI causing serious injury (Class D felony) or death (Class B felony).. Lookback period: 12 years — Iowa uses one of the longest lookback periods in the nation. Prior OWI offenses within the preceding 12 years (from the date of the current offense) are counted for determining penalty level. Offenses older than 12 years are not used for enhancement, though they still appear on your criminal record..

Additional Penalty Details

Offense	Community Service	Probation	DUI School
1st Offense	Discretionary; commonly imposed as a condition of probation	Up to 1 year with conditions; typically includes substance abuse treatment compliance	Mandatory substance abuse evaluation by a licensed evaluator; completion of recommended education (typically 12-hour 'Drinking Drivers Course') or treatment program
2nd Offense	Discretionary; commonly ordered	Up to 2 years with intensive conditions	Mandatory substance abuse evaluation and completion of recommended treatment program; often intensive outpatient required
3rd Offense	Court-determined; commonly required	Up to 5 years felony probation with intensive supervision	Mandatory substance abuse evaluation and intensive treatment; residential treatment may be required
Felony	Court-determined	Up to 5 years (Class D); longer for higher classes	Mandatory evaluation and long-term treatment program compliance

Implied Consent Law

Under Iowa Code §321J.6, any person operating a motor vehicle in Iowa is deemed to have given consent to testing of breath, blood, or urine for alcohol and drugs. When an officer has reasonable grounds to believe a driver is intoxicated, the driver must submit to testing. The officer must inform the driver that refusal will result in license revocation and that the refusal can be used as evidence.

Refusal penalties: First refusal: 1-year license revocation (compared to 180 days for failing the test on first offense). Second refusal within 12 years: 2-year revocation. Refusal is admissible as evidence of guilt in the OWI proceeding. A hearing must be requested within 10 days to contest the administrative revocation.

Aggravating Factors

Factor	Impact
BAC of 0.15% or higher	Increased mandatory minimum jail time (7 days for 1st, 10 for 2nd), longer license revocation (1 year for 1st offense), and extended IID requirements
Child passenger under 14 or child endangerment	Separate child endangerment charge; enhanced sentencing; Department of Human Services investigation may be triggered
Causing serious injury	Class D felony — OWI causing serious injury under §321J.2(2)(c); up to 5 years in prison
Causing death (vehicular homicide)	Class B felony under §707.6A; up to 25 years in prison; mandatory minimum sentencing; permanent license revocation
Driving with a barred, suspended, or revoked license	Additional criminal charge; aggravated misdemeanor carrying up to 2 years; vehicle may be impounded or immobilized
Prior OWI conviction within 12-year lookback period	Escalating penalties; second offense becomes aggravated misdemeanor; third becomes Class D felony

DUI with Injury

Classification: Class D felony (serious injury) or Class B felony (death / vehicular homicide)

OWI causing serious injury: Class D felony, up to 5 years in prison, $3,125–$9,375 in fines plus surcharge, 6-year license revocation. Vehicular homicide while intoxicated (Iowa Code §707.6A): Class B felony, up to 25 years in prison, fines up to $12,500 plus surcharge, permanent license revocation. Mandatory restitution to victims in both cases.

Underage DUI

Zero tolerance: Yes

BAC limit: 0.02%

Drivers under 21 with BAC of 0.02% or higher face a 60-day license revocation for first violation (administrative action, not criminal). Second violation: 90-day revocation. If BAC reaches 0.08%, full adult OWI penalties apply and the offense is treated as a criminal matter. Underage drivers also face separate penalties under Iowa's underage drinking laws.

Diversion Programs

Program: Deferred Judgment / OWI Court Programs

Iowa allows deferred judgment for first-time OWI offenders under Iowa Code §907.3. If the court grants a deferred judgment, the defendant pleads guilty but the conviction is not entered — upon successful completion of probation conditions (substance abuse treatment, community service, fines, IID), the guilty plea is withdrawn and the case is dismissed. Iowa also operates OWI Courts in several judicial districts that provide intensive supervision and treatment for repeat offenders.

Eligibility: Deferred judgment is available to first-time OWI offenders with no prior deferred judgment for OWI. The decision is at the judge's discretion. OWI Court programs target repeat offenders (2nd or 3rd offense) and require a substance abuse diagnosis and willingness to participate in 12–24 months of programming. Availability varies by judicial district.

How Long a DUI Stays on Your Record

An OWI conviction in Iowa stays on your criminal record permanently. Iowa does not allow expungement of OWI convictions. However, if you received a deferred judgment and successfully completed all conditions, that record can be expunged 8 years after the deferred judgment was granted (under Iowa Code §907.9). The 12-year lookback applies for sentencing purposes — offenses older than 12 years don't count as priors for penalty enhancement. Your driving record with the Iowa DOT retains OWI information permanently.

Key Statutes

Iowa Code §321J.2: Operating while intoxicated — main OWI statute defining offenses, BAC limits, and penalties for all offense levels
Iowa Code §321J.6: Implied consent — chemical testing requirements, procedures, and refusal consequences
Iowa Code §321J.9: Temporary restricted license (TRL) — eligibility and requirements for restricted driving privileges with IID during revocation
Iowa Code §321J.17: Ignition interlock device requirements — installation, maintenance, compliance, and removal standards
Iowa Code §707.6A: Vehicular homicide — felony charge when operating while intoxicated results in death

Frequently Asked Questions

Is an OWI a felony in Iowa?

An OWI becomes a Class D felony in Iowa on the 3rd offense within a 12-year lookback period, carrying up to 5 years in prison and significant fines. First and second offenses are misdemeanors (serious misdemeanor and aggravated misdemeanor respectively). OWI causing serious injury is also a Class D felony, and OWI causing death is a Class B felony.

What is the difference between DUI and OWI in Iowa?

Iowa uses 'OWI' (Operating While Intoxicated) as the legal term, not 'DUI.' They refer to the same offense — operating a vehicle while impaired by alcohol, drugs, or any combination. All Iowa statutes and court documents use OWI. The terms are used interchangeably in common conversation.

What is a deferred judgment for OWI in Iowa?

A deferred judgment allows first-time OWI offenders to plead guilty without a conviction being entered. You must complete probation, treatment, fines, and other conditions. If successful, the plea is withdrawn and the case is dismissed — meaning no OWI conviction on your record. After 8 years, the deferred judgment record itself can be expunged. This is only available once for OWI.

What are the penalties for a first OWI in Iowa?

A first OWI (serious misdemeanor) carries mandatory minimum 48 hours in jail (7 days if BAC 0.15+), $1,250 minimum fine plus 35% surcharge, 180-day license revocation (1 year if BAC 0.15+ or refusal), mandatory substance abuse evaluation, and up to 1 year probation. You may be eligible for a temporary restricted license (TRL) with IID after 30 days.

How long does an OWI stay on your record in Iowa?

An OWI conviction stays on your Iowa criminal record permanently and cannot be expunged. For sentencing enhancement purposes, Iowa uses a 12-year lookback period. If you received a deferred judgment (not a conviction), that record may be expunged after 8 years. Your driving record retains OWI information permanently.

Can you get a temporary restricted license after an OWI in Iowa?

Yes. Iowa's temporary restricted license (TRL) allows driving for work, school, medical, and substance abuse treatment during the revocation period. For a first offense, you're eligible after 30 days (90 days if BAC 0.15+). You must install an IID and maintain SR-22 insurance. Second and third offenders face longer waiting periods before TRL eligibility.

Can you refuse a breathalyzer in Iowa?

Yes, but refusing triggers a 1-year license revocation for a first refusal (vs. 180 days for failing the test), and 2 years for a second refusal within 12 years. The refusal is admissible as evidence of guilt in your OWI trial. You must request a hearing within 10 days to contest the administrative revocation.

How much does an OWI cost in Iowa?

A first OWI in Iowa typically costs $8,000–$15,000+ total including minimum fines ($1,250+), 35% surcharge ($437.50+), court costs ($200–$400), substance abuse evaluation ($150–$300), treatment ($500–$2,500+), IID installation and monitoring ($75–$150/month), license reinstatement ($200+), SR-22 insurance ($1,500–$3,000 annually for 2+ years), and attorney fees ($2,500–$7,000+).

Related Guide

DUI license recovery in Iowa→

Step-by-step guide to getting your license back after a DUI in Iowa — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.

Take Action — Direct Links

Iowa DOT — OWI Information & License Revocation
Official Iowa Department of Transportation resource for OWI license revocation, reinstatement, TRL program, and IID requirements
Iowa Code Chapter 321J — Operating While Intoxicated
Full text of Iowa's OWI statutes including offense definitions, penalties, implied consent, and IID provisions
Iowa Judicial Branch — OWI Court Programs
Information on Iowa's OWI Court and other problem-solving court programs across the state's judicial districts
Iowa State Bar Association — Find a Lawyer
Find a qualified OWI defense attorney through Iowa's official bar association referral service

DUI license recovery in Iowa →

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Disclaimer: This is informational only, not legal advice. DUI laws change frequently. Verify current requirements with Iowa's statutes or consult a qualified DUI attorney in Iowa.

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