DUI Laws of Iowa
In the state of Iowa, the defendant must be proved beyond a reasonable doubt before a conviction can be made. If there is doubt that the defendant is not guilty, a not guilty plea can be made, and the prosecutor must prove to the court why he/she should be convicted. The prosecutor must prove that the defendant operated a motor vehicle while under the influence of drugs or alcohol, or driving had a blood alcohol level of .08 or greater.
Sitting in a turned off car intoxicated can not constitute as “operating” a vehicle. According to the Iowa Supreme Court, “operating” is defined as “the immediate, actual physical control over a motor vehicle that is in motion and/or has its engine running”. Iowa DUI convictions carry serious consequences. The person will get in trouble with the court and the Iowa Motor Vehicles Division. For first offenders, a mandatory minimum of two days must be spent in jail and a $1,000 fine plus 30 % government surcharge of $300. If it is a serious misdemeanor, it is punishable by up to one year in jail or a fine of up to $1,500.
Second time offenders will have a seven days mandatory jail penalty and at least a $1,500 fine. An aggravated misdemeanor is punishable by up to two years in prison and/or a fine of up to $5,000. A third offense has a thirty day penalty of jail time and a fine of $2,500. Third offenses depending on the severity can also be classified as a Class D Felony. With this type of conviction, it is punishable by up to five years in prison and/or a fine of up to $7,500. Any time that you are convicted of a DUI, your license can be either revoked or suspended.
It is advised that you seek the advice of a lawyer as soon as possible to help keep your driving privileges. Subsequent violators may have to have an ignition interlock device placed in their car before it can be started. You must blow into the device before the car can be started to check your blood alcohol level, and periodically while driving, you will be prompted to be tested again. The state of Iowa takes driving while under a controlled substance very seriously, and will not tolerate someone potentially endangering the lives of others.
