Criminal Penalties

First Offense:

Serious Misdemeanor: Punishable by up to 1 year in jail and/or a fine of up to $1,500.

Mandatory Minimum Penalty: 2 days in jail and a $1,250 fine plus 32% government surcharge of $400.

" Note: you may be eligible for a deferred judgment if: you did not refuse the direct breath test at the station; your BAC was under .15; you have no prior conviction or deferred judgment for OWI; and there was no bodily injury to another person.

Second Offense:

Convictions and deferred judgments in the last 12 years in any state are counted as prior offenses.

Aggravated Misdemeanor: Punishable by up to 2 years in prison and/or a fine of up to $5,000.

Mandatory Minimum Penalty: 7 days in jail and a fine of at least $1,850.

Third Offense

This is the highest level of OWI obtainable in the State of Iowa. All subsequent convictions after 3rd offense are counted as 3rd offenses.

Class D Felony: Punishable by up to 5 years in prison and/or a fine of up to $7,500.

Mandatory Minimum Penalty: 30 days in jail and a fine of $3,125