Iowa OWI Penalties and Fines Summary

(This summary is not legal advice, nor is this summary exhaustive or all-inclusive of all situations. Consult an Iowa City Attorney or Lawyer regarding your specific situation.)

Defendants usually are required as a condition of release and/or sentencing to obtain a Substance Abuse Evaluation and follow-through with treatment recommendations, if any.

1st offense

For a conviction, there is a fine of $1,250 (plus 35% surcharge and court costs with all fines), though one-half of the fine ($625) may be waived if a temporary restricted license is obtained and there is no personal or property damage.

With a conviction, there is a minimum sentence of 2 days in jail, maximum of 1 year in jail, unless judgment is deferred. Often, Defendants can substitute the 2 days with participation in the 48-hour OWI weekend program.

A Defendant is not eligible for a deferred judgment if the implied consent test is over .15, or there is an implied consent test refusal, or a prior OWI, or a prior felony of any kind, or there is bodily injury to a person other than the Defendant.

If judgment is deferred (test under .15, no prior OWI, no felonies on record, no injury to another), consequences differ from county to county. In Johnson county, there is a minimum $625 civil penalty (not a fine), plus $300 probation fee, plus Defendant is required to attend a 48-hour OWI weekend program.

2nd offense

Fine of $1875 – $6,250.

Minimum 7 days in jail, up to a maximum of 2 years of prison.

3rd Offense

Fine of $3,125 – $9,375.

Minimum 30 days in jail, maximum 5 years in prison.

6-year license revocation.

Contact Adam Pollack, Iowa City Attorney for more information.

iowa city attorney