If you are charged with committing a second OWI offense, then a conviction results in a conviction for an aggravated misdemeanor. In order to enhance the classification to the more serious version for a second OWI, the prior conviction or related charge must have occurred within the last 12 years from the date of the new offense. Any OWI conviction or deferred judgment during that period counts. Even convictions that occurred outside of the State of Iowa count.

The penalties for a second OWI also vary slightly depending on whether the case involves a chemical test of the breath, blood, or urine, or a refusal to submit to the test. Other consequences of a second or subsequent OWI arrest in Iowa include the fact that an officer can immediately impound the driver’s vehicle. A second conviction for OWI can result in the seizure and forfeiture of the vehicle.

Penalties for a Second OWI in Iowa

The laws in Iowa provide for the following penalties and punishments for a second OWI:

What Counts as a Second OWI Conviction in Iowa

The degree or severity of a particular OWI offense is determined by the number of OWI convictions that occurred within the previous 12 years. Iowa Code § 321.12(4). The “look-back” provision for determining if this offense is a second OWI is by looking at the period from the date of the oldest conviction to the date of the most current arrest. State v. Raim, 381 N.W.2d 635, 637-638 (Iowa 1986). Convictions or the equivalent of deferred judgments for violations in other states under statutes substantially corresponding to the statute prohibiting the operation of a motor vehicle while intoxicated in this state are counted as previous offenses. Iowa Code § 321J.2(4)(c).