Iowa OWI/DUI Law

Iowa Code section 321J.2 prohibits an individual from operating a motor vehicle while under the influence of alcohol, drugs or a combination of drugs or alcohol; or while having an alcohol concentration of .08 or greater. There are two elements of Operating While Intoxicated that the State must prove beyond a reasonable doubt at trial:

1. The defendant operated a motor vehicle;
2. He/she did so while under the influence of alcohol or drugs; OR
3. While having an alcohol concentration of .08 or greater.

"Operating" is defined by the Iowa Supreme Court as: the immediate, actual physical control over a motor vehicle that is in motion and/or has its engine running. Thus, sitting in a vehicle, even with the keys in the ignition, so long as the engine is not running, does not and cannot constitute "operating."

While the State must have proof beyond a reasonable doubt to convict an individual of an offense, an officer need only have reason to believe that the offense has been committed to arrest and charge the individual with the crime. The criminal and civil penalties associated with "drunk driving" in the State of Iowa are severe and significantly reduce and individuals ability to obtain and maintain employment, continue with their education and maintain a lifestyle that they are accustomed to.