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Iowa Criminal Defense Lawyer

OWI – 2nd Offense


Facing an OWI charge in Iowa isn’t something that gets any easier the second time around. In fact, if you are facing charges for a 2nd offense OWI, you need an aggressive defense lawyer now more than ever.

Unlike other states, Iowa doesn’t set a time frame in which your subsequent OWI’s must fall. This means you could’ve got your first conviction over 10 years ago but still face the penalties for a second OWI now.

Whatever happened that led to the police stopping your car and arresting you, we need to explore the entire circumstances of the event to prepare the best legal defense.

The attorney is critical. When you are suspected of driving the roadways while intoxicated, don’t expect any sympathy from the police officer who stops you. And if you are facing a 2nd offense OWI, expect the prosecutors and judges to give you no leeway or consideration.

It’ll all come down to the facts of the case, and how we present them in court.

But the bottom line is that you are absolutely innocent until proven guilty.

OWI Laws

The definition of what constitutes and OWI is the same as with a first offense;

  1. Have a blood alcohol content of .08% or more, or
  2. Are found to have any controlled substance in their body during the operation of a vehicle.

Iowa OWI – 2nd Offense Penalties

As a second offense you will face aggravated misdemeanor charges and the following potential penalties if convicted:

  1. A minimum jail sentence of 7 days,
  2. Fines from at least $1875 to $6250,
  3. License revocation of up to 2 years, and
  4. Alcohol and substance abuse evaluation and treatment.

Iowa OWI – 3rd Offense Penalties

For a third offense OWI, the penalties include:

  1. Up to 5 years in prison,
  2. Fines from $3,225 to $9,375,
  3. License revocation up to 6 years, and
  4. Alcohol and substance abuse evaluation and treatment.

Ref: IA. St. §321J.2

Iowa Breath Test Refusal on 2nd Offense OWI

As with a first time OWI, the police will likely determine your intoxication with the use of a breathalyzer test. Keep in mind, if you refuse the test and it is found that the officer had good cause to request it, you could immediately lose your license.

If this isn’t your first refusal, you will potentially lose your license for an additional 2 years beyond the revocation called for in the OWI conviction.

Ref: IA. St. §321J.9

Free Legal Defense Consultation on a 2nd Offense Iowa OWI Charge

Facing charges for OWI isn’t easy the first time and it certainly isn’t any easier the second. As a matter of fact, if you are going before the same judge, don’t expect to be greeted with a smile.

Having an experience advocate in your corner, fighting for you,  on the day you go to court can make a world of difference. If you are facing charges of OWI, call us today to discuss your case. Christian Okoye Authentic Jersey