Accused Of OWI After Already Having One Or More Convictions?

All of the issues of a first-offense DUI are still present in repeat offenses, but the stakes are significantly higher.

In Iowa, a second offense of operating while intoxicated (OWI) — including one previous conviction or deferred judgment in Iowa or another state within a 12-year period — is known as an aggravated misdemeanor according to Iowa Code section 321J.2.

If you are convicted of this charge you will face a minimum of:

  • Seven days in jail (to a maximum of two years’ imprisonment)
  • A $1,875 fine
  • A 35 percent surcharge
  • A mandatory substance abuse evaluation
  • Participation in a DUI education course
  • Court costs
  • Restitution

You also cannot receive a deferred judgment for a second-offense OWI.

In the case of a third offense, you will face a class D felony with a minimum of:

  • 30 days in jail (to a maximum of five years’ imprisonment)
  • A fine of no less than $3,125
  • A 35 percent surcharge
  • A substance abuse evaluation
  • An education course about the dangers of drunk driving
  • Court costs
  • Restitution
  • Six-year license revocation

When the stakes are this high, it is absolutely critical to work with an attorney to aggressively protect your rights and fight the charge to arrive at an ideal outcome.

Taking Every Step To Protect Your Rights

We at Culp Law Office P.L.C. have worked against prosecutors and judges on more than 5,000 OWI cases in Iowa. We will take every step within the law to protect your rights at all stages in your criminal case by looking at all details related to your charge, including:

  • If the reason for your stop was proper
  • If all information was correctly obtained during the course of the field sobriety tests
  • If there were sufficient grounds for arrest
  • If tests for alcohol content were valid
  • If police advisories or requests for phone calls were handled properly

If there is any weakness in the evidence against you, we can aggressively advocate for you in an attempt to get the charge dismissed.

Let Us Review The Facts Of Your Case

To discuss any aspect of an OWI charge with one of our Des Moines second DUI offense lawyers, call 515-288-3333 or email the firm.