OWI Penalties
Iowa Code § 321J.2 — a serious misdemeanor the first time, an aggravated misdemeanor the second, a class D felony the third
A person commits operating while intoxicated by driving while under the influence of alcohol or another drug, with an alcohol concentration of .08 or more, or with any amount of a controlled substance in the blood or urine. A prescribed drug taken as directed, with no evidence of alcohol, is excepted.
| Offense | Jail | Fine |
|---|---|---|
| OffenseFirst, a serious misdemeanor | Jail48 hours to one year | Fine$1,250 |
| OffenseSecond, an aggravated misdemeanor | JailSeven days to two years | Fine$1,875 to $6,250 |
| OffenseThird or later, a class D felony | JailUp to five years, at least 30 days | Fine$3,125 to $9,375 |
A first offense also brings a license revocation of 180 days to one year, and the court may waive up to $625 of the fine when no one was hurt and the driver shows a temporary restricted license.
Sources for this section (1)
- Iowa Code § 321J.2 — Operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI)
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Iowa attorney.