Iowa OWI Laws

Primary statute: Iowa Code § 321J.2 · Last reviewed August 2026 · 5 primary sources · How we research and review these pages

Reviewed by the LegalLimit editorial team →

Standard BAC limit

0.08%

Commercial driver BAC

0.04%

Under-21 BAC

0.02%

Prior-offense lookback

12-year window

Aggravating factors

BAC over .15 bars deferred judgment: Under Iowa Code § 321J.2(3)(b)(2)(a), a first offender is NOT eligible for a deferred judgment under § 907.3 if the alcohol concentration established by the chemical test exceeds .15. This is a sentencing consequence, not a separate per-se charge. The .15 threshold bars only the deferred-judgment path — the offender is still sentenced within the standard first-offense range.
Any amount of a controlled substance (per se): Under Iowa Code § 321J.2(1)(c), it is a per se OWI to operate with ANY amount of a controlled substance in the blood or urine. No impairment need be shown. A prescription-drug affirmative defense is available under (11)(a)/(b) for substances prescribed and taken as directed.
OWI causing serious injury or death: An OWI that causes personal injury triggers an additional 1-year license revocation under Iowa Code § 321J.4(5). An OWI that causes death triggers a 6-year revocation with no TRL for at least 2 years under § 321J.4(6). Iowa also has a dedicated vehicular homicide statute (§ 707.6A) and the OWI causing injury may be charged under general assault statutes — both carrying penalties far exceeding the OWI felony ladder.
Habitual offender sentencing enhancement: Under Iowa Code § 321J.2(5)(e), a person convicted of a third or subsequent OWI may be sentenced as a habitual offender under §§ 902.8 and 902.9 if they qualify, carrying penalties beyond the standard 5-year class D felony maximum.

Iowa prosecutes impaired driving as OWI (Operating While Intoxicated) under Iowa Code § 321J.2, a three-prong offense covering (1) impairment by alcohol or any drug or combination, (2) a BAC of 0.08 or more, and (3) ANY amount of a controlled substance in the blood or urine — a true any-amount drug per se prong broader than most states that require impairment proof for drugs. A prescription-drug affirmative defense is available. The penalty ladder is a clean three tiers: a first offense is a serious misdemeanor (48 hours–1 year, $1,250, 180-day–1-year revocation); a second is an aggravated misdemeanor (7 days–2 years, $1,875–$6,250, 1–2 year revocation); a third or subsequent is a CLASS D FELONY (30-day mandatory minimum to 5 years in the DOC, $3,125–$9,375, 6-year revocation). Iowa uses a 12-year lookback for prior OWI convictions — including deferred judgments and out-of-state substantially corresponding convictions — but convictions deleted from the operating record under § 321.12(4) no longer count (§ 321J.2(8)(a)). Every OWI fine also carries a mandatory 15% crime services surcharge on top of the stated amount (§ 911.1). IID is NOT automatically imposed on every offender; it is a condition of obtaining a temporary restricted license (TRL), making Iowa's IID regime 'conditional' rather than 'always.' A BAC over .15 bars deferred-judgment eligibility on a first offense but does not create a separate charge. Refusing a breath or urine test triggers a separate administrative revocation under § 321J.9 (1 year first / 2 years second+), and refusal also bars deferred-judgment eligibility. Refusing a blood test is NOT deemed a refusal — the officer must then offer breath or urine. The 2024 amendments to § 321J.4 are effective January 1, 2025, and apply to revocations for offenses occurring on or after that date.

Iowa OWI penalties: first, second, and third offense

Iowa OWI penalties by offense tier

Offense tier	Fine	Jail	License action	Ignition interlock
First offense (serious misdemeanor)	$1,250–$1,250 ($1,250 fine (Iowa Code § 321J.2(3)(c)). Court may waive up to $625 if the defendant obtains a temporary restricted license. All Iowa OWI fines additionally carry a mandatory 15% crime services surcharge (§ 911.1) — about $187.50 on the full first-offense fine — which the encoded figures do not include.)	2 days–1 year (48-hour mandatory minimum in county jail (Iowa Code § 321J.2(3)(a)). Court may accommodate work schedule.; Up to 1 year (serious misdemeanor ceiling).)	Revoked for 180–365 days — A 180-day revocation if the defendant submitted to testing and has no prior under Chapter 321J; 1-year if the defendant refused testing (Iowa Code § 321J.4(1)). A deferred judgment under § 907.3 carries 30–90 days (§ 321J.4(3)). A separate administrative revocation under § 321J.9 may apply for refusal. IID required if seeking a temporary restricted license.	Required if restricted license or restoration
Second offense (aggravated misdemeanor)	$1,875–$6,250	7 days–2 years (7-day mandatory minimum (Iowa Code § 321J.2(4)(a)). Served on consecutive days unless court finds undue hardship.; Up to 2 years (aggravated misdemeanor ceiling).)	Revoked for 365–730 days — A 1-year revocation if submitted to testing; 2-year if refused (Iowa Code § 321J.4(2)). IID required for TRL.	Required if restricted license or restoration
Third or subsequent offense (class D felony)	$3,125–$9,375	1 month–5 years (30-day mandatory minimum (Iowa Code § 321J.2(5)(a)). If the court suspends the commitment to DOC, the defendant serves 30 days to 1 year in county jail.; Indeterminate term not to exceed 5 years in the custody of the Department of Corrections (Iowa Code § 321J.2(5)(a)).)	Revoked for 2190 days — A 6-year revocation (Iowa Code § 321J.4(4)). IID required for TRL. No TRL for at least 2 years if the offense involved a death (§ 321J.4(6)).	Required if restricted license or restoration

Wondering how Iowa compares? Compare DUI laws by state — BAC limits, penalties, and interlock rules side by side.

Frequently asked questions

What is the legal BAC limit in Iowa?

The per se limit is 0.08% (Iowa Code § 321J.2(1)(b)). The offense also covers impairment by alcohol, drugs, or any combination (1)(a), and ANY amount of a controlled substance in the blood or urine (1)(c). The CMV screening threshold is 0.04% (§ 321J.6(1)(e)).

What are the penalties for a first OWI in Iowa?

A first offense is a serious misdemeanor: 48 hours to 1 year in jail, a $1,250 fine (waivable to $625 with a TRL), and a 180-day to 1-year license revocation (Iowa Code § 321J.2(3)). A deferred judgment may be available under § 907.3 unless BAC > .15, there is a prior OWI, prior deferred judgment, refusal, or injury. IID is required only if seeking a temporary restricted license.

What are the penalties for a second OWI in Iowa?

A second offense is an aggravated misdemeanor: 7 days to 2 years, $1,875–$6,250 fine, and a 1-year (or 2-year for refusal) license revocation (Iowa Code § 321J.2(4)).

When does an Iowa OWI become a felony?

A third or subsequent offense is a class D felony under Iowa Code § 321J.2(5), carrying an indeterminate term up to 5 years in the DOC (30-day mandatory minimum), $3,125–$9,375 fine, and a 6-year license revocation. A habitual-offender enhancement may apply under §§ 902.8/.9.

Does Iowa require an ignition interlock device after an OWI?

IID is required only if the defendant seeks a temporary restricted license (TRL) — it is a condition of obtaining restricted driving, not an automatic requirement of the conviction itself (Iowa Code § 321J.4). The court may also separately order IID on all vehicles operated by the defendant under § 321J.4(8).

What happens if I refuse the breath test in Iowa?

Refusing a breath or urine test triggers an administrative license revocation under § 321J.9: 1 year for a first offense, 2 years for a second+. Refusal also bars deferred-judgment eligibility on the OWI charge. Refusing a blood test is NOT deemed a refusal — the officer must then offer breath or urine. If the officer fails to offer a test within 2 hours, there is no revocation.

How long do prior OWIs count against me in Iowa?

Iowa counts prior OWI convictions (including deferred judgments and substantially corresponding out-of-state convictions) that occurred within the 12 years before the current offense. Convictions older than 12 years are deleted from the operating record under Iowa Code § 321.12(4) and no longer count (§ 321J.2(8)(a)).

How long will my license be revoked after an Iowa OWI?

License revocation depends on offense count and whether you submitted to testing. First offense: 180 days (submitted) or 1 year (refused). Second: 1 year (submitted) or 2 years (refused). Third+: 6 years. IID is required to obtain a temporary restricted license. Deferred-judgment cases carry 30–90 days (Iowa Code § 321J.4).

Does Iowa have a per se drug OWI law?

Yes. Under Iowa Code § 321J.2(1)(c), it is an OWI to operate with ANY amount of a controlled substance in the blood or urine — no impairment need be shown. A prescription-drug affirmative defense is available under (11) for substances prescribed and taken as directed.

What happens if my BAC is over .15 in Iowa?

A BAC over .15 does NOT create a separate charge, but it bars eligibility for a deferred judgment on a first offense (Iowa Code § 321J.2(3)(b)(2)(a)). The offender is still sentenced within the standard first-offense range ($1,250 fine, 48 hours–1 year jail, 180-day–1-year revocation).

Sources

Iowa Code § 321.12 — Destruction of records (Iowa Legislature) — Accessed July 7, 2026
Iowa Code § 321J.2 — Operating while under the influence (OWI) (Iowa Legislature) — Accessed July 7, 2026
Iowa Code § 321J.4 — Revocation of license; ignition interlock devices; temporary restricted license (Iowa Legislature) — Accessed July 7, 2026
Iowa Code § 321J.6 — Implied consent to test (Iowa Legislature) — Accessed July 7, 2026
Iowa Code § 321J.9 — Refusal to submit; revocation (Iowa Legislature) — Accessed July 7, 2026