Iowa criminal charge
Operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI) in Iowa
Operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI) is a criminal offense under Iowa law, defined by Iowa Code § 321J.2. Its classification is not fixed: Iowa assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Iowa Code § 321J.2.
How is operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (owi) classified in Iowa?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First offense OWI | Serious Misdemeanor | Applies when the person's violation of subsection 1 is a first offense. | Iowa Code § 321J.2(2)(a) |
| Second offense OWI | Aggravated Misdemeanor | Applies when the person's violation of subsection 1 is a second offense. | Iowa Code § 321J.2(2)(b) |
| Third or subsequent offense OWI | Class “D” Felony | Applies when the person's violation of subsection 1 is a third or subsequent offense. | Iowa Code § 321J.2(2)(c) |
Common questions about operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (owi) in Iowa
Is operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI) a felony or a misdemeanor in Iowa?
It depends on the circumstances: operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI) ranges from a Serious Misdemeanor to a Class “D” Felony in Iowa under Iowa Code § 321J.2.
First offense OWI: Serious Misdemeanor (Iowa Code § 321J.2(2)(a)) · Second offense OWI: Aggravated Misdemeanor (Iowa Code § 321J.2(2)(b)) · Third or subsequent offense OWI: Class “D” Felony (Iowa Code § 321J.2(2)(c))
Which Iowa statute covers operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI)?
Operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI) is governed by 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 terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.