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Understanding OWI Charges in Iowa: Felony vs. Misdemeanor
In Iowa, impaired driving offenses are charged under the term OWI (Operating While Intoxicated)—not DUI or DWI, as seen in other states. One of the most common questions after an OWI arrest is whether the charge is classified as a misdemeanor or a felony. The answer depends on the number of prior OWI convictions a person has and the severity of the current incident, including whether anyone was injured or killed.
A first or second OWI in Iowa is generally treated as a misdemeanor, while a third or subsequent offense is considered a felony. Additionally, any OWI that results in serious injury or death can be immediately elevated to a felony charge—even if it’s a first offense.
This guide provides a complete overview of how Iowa law classifies OWI charges, what distinguishes a misdemeanor from a felony, and what each level means for penalties, criminal records, and long-term consequences.
Iowa’s OWI Charge Levels: The Basics
OWI charges in Iowa are categorized into three main levels based on offense history:
- First OWI – Serious Misdemeanor
- Second OWI – Aggravated Misdemeanor
- Third or Subsequent OWI – Class D Felony
Additionally, OWI offenses involving serious injury or death carry their own felony classifications.
Definitions:
- Serious Misdemeanor: A criminal offense punishable by up to 1 year in jail and fines.
- Aggravated Misdemeanor: A more serious charge than a simple misdemeanor; includes longer jail time and higher fines.
- Class D Felony: A felony-level offense punishable by up to 5 years in prison and a permanent criminal record.
Understanding these classifications is important because each level carries different sentencing rules and long-term implications.
First OWI Offense in Iowa: Serious Misdemeanor
A first-time OWI offense in Iowa is classified as a serious misdemeanor. While not as severe as a felony, the penalties are still substantial:
Penalties Include:
- Jail Time:
- Minimum: 48 hours (mandatory)
- Maximum: 1 year in jail
- Fines:
- Minimum fine: $1,250
- May be reduced to $1,000 if no personal or property damage occurred and a temporary restricted license is obtained
- License Suspension:
- 180 days if chemical test failed
- 1 year if chemical test refused
- Substance Abuse Evaluation:
- Required for all offenders
- May result in mandatory treatment program
In some cases, deferred judgment may be available for first-time offenders with a BAC under 0.15% and no aggravating factors. A deferred judgment can allow the individual to avoid a conviction if they meet all court requirements during probation.
Second OWI Offense in Iowa: Aggravated Misdemeanor
A second OWI within 12 years of a prior conviction is charged as an aggravated misdemeanor. This classification increases the penalties significantly:
Penalties Include:
- Jail Time:
- Minimum: 7 days (mandatory)
- Maximum: 2 years
- Must be served in full; no deferred judgment is available
- Fines:
- Minimum fine: $1,875
- Maximum fine: $6,250
- License Revocation:
- 1 year (if failed test)
- 2 years (if test refused)
- Ignition Interlock Device:
- Required for any temporary restricted license (TRL) application
- Must be installed on all vehicles driven
A second OWI also requires completion of a drinking driver’s course and updated substance abuse evaluation. The court will typically order probation after the jail sentence and may assign community service.
Third or Subsequent OWI Offense: Class D Felony
A third OWI offense—or any offense after two prior convictions—is classified as a Class D Felony in Iowa. This is a major legal escalation and carries long-term consequences beyond just jail time and fines.
Penalties Include:
- Prison Sentence:
- Minimum: 30 days (mandatory)
- Maximum: 5 years in state prison
- Fines:
- Minimum fine: $3,125
- Maximum fine: $9,375
- License Revocation:
- 6 years minimum
- Substance Abuse Treatment:
- Mandatory, including completion of court-approved treatment programs
- Probation Supervision:
- Often ordered following release from incarceration
Because a third OWI is a felony, it creates a permanent criminal record that can impact employment, housing, and other areas of life. Additionally, the offender may lose rights such as firearm ownership (depending on circumstances), and any future offenses will be treated with even greater severity.
OWI Causing Injury or Death: Felony Charges
Even if it’s a first offense, an OWI in Iowa can become a felony if it involves serious injury or death to another person. These cases are prosecuted more aggressively and come with significantly higher penalties.
OWI Causing Serious Injury
- Charge: Class D Felony
- Penalty:
- Up to 5 years in prison
- Additional fines and mandatory license revocation
OWI Causing Death (Vehicular Homicide)
- Charge: Class B Felony
- Penalty:
- Up to 25 years in prison
- No eligibility for deferred judgment
- Parole restrictions apply in many cases
These charges are often accompanied by additional traffic or criminal violations, especially if reckless driving or excessive speed was involved.
Iowa’s 12-Year Lookback Rule
Iowa uses a 12-year lookback period to determine how prior OWI convictions affect current charges. This means:
- If you are arrested for OWI and had a prior OWI conviction within the last 12 years, the new charge is considered a second offense.
- If you have two prior OWI convictions within 12 years, a new arrest becomes a third offense—a felony.
- Offenses older than 12 years are not counted for enhancement purposes, but they may still be visible on your record.
Note: Iowa also counts out-of-state OWI or DUI convictions if they meet the state’s legal criteria. This allows prior violations in other states to increase the severity of a new charge in Iowa.
Long-Term Consequences of Felony OWI Charges
A felony OWI conviction in Iowa can have serious life-long implications, including:
- Permanent criminal record that cannot be expunged under current Iowa law
- Ineligibility for some employment opportunities
- Difficulty obtaining professional licenses or certifications
- Loss of public benefits or housing eligibility in some cases
- Social stigma and reputational harm
In addition, insurance premiums may increase dramatically, and some carriers may refuse to insure individuals with a felony OWI record.
FAQ About OWI Classification in Iowa
Is a first OWI in Iowa a felony?
No. A first OWI is classified as a serious misdemeanor, unless the incident caused serious injury or death.
When does an OWI become a felony in Iowa?
An OWI becomes a Class D Felony on the third offense, or immediately if the incident results in serious injury or death.
Can a deferred judgment be used for a felony OWI?
No. Deferred judgment is not available for any felony-level OWI or for second and subsequent offenses.
Does Iowa count OWI convictions from other states?
Yes. If the prior offense meets Iowa’s legal definition of OWI, out-of-state convictions count toward offense number.
How long does an OWI stay on your record in Iowa?
Permanently. However, the 12-year lookback determines whether past convictions are used to enhance new charges.
Conclusion
In Iowa, an OWI can be classified as either a misdemeanor or a felony, depending on how many offenses a person has committed and the severity of the incident. A first OWI is a serious misdemeanor, a second is an aggravated misdemeanor, and a third—or any OWI involving serious injury or death—is treated as a felony. These classifications carry increasingly severe penalties and long-term consequences.
For a complete overview of Iowa’s OWI classifications and how they compare across the country, visit our State By State DUI Laws page.
To better understand how state-level OWI classifications affect arrests and penalties, explore our How State DUI Laws Affect Arrests and Penalties mini-hub.