Driving Under the Influence Laws
Iowa
Iowa’s Blood Alcohol Concentration (BAC) limit is .08.
Persons younger than the legal drinking age (21 years) are
subject to license revocation for driving with a Blood Alcohol
Concentration (BAC) limit of .02 or higher.
First Offense
A serious misdemeanor, punishable by up to one year in jail and
a fine of up to $1,500, or both. The minimum jail time is 48
hours and the minimum fine is $1,000. The judge may waive up to
$500 of the fine if the crime did not result in personal injury
or property damage. As an alternative to a portion or all of the
fine, the court may order the person to perform unpaid community
service. First time offenders must complete a substance abuse
evaluation and treatment, a course for drinking drivers, and in
some cases, a reality education substance abuse prevention
program (usually for drivers under the age of 21).
Second Offense
An aggravated misdemeanor, punishable by up to two years in
prison. A minimum of seven days in jail must be served. A fine
of $1,500 to $5,000 must be paid.
Third or Subsequent Offense
A class "D" felony, punishable by up to five years in prison,
and a fine of $2,500 to $7,500. A minimum of 30 days in jail
must be served.
Fines
All fines listed do not include a mandatory 32% criminal penalty
surcharge and court costs.
Minnesota
Minnesota’s Blood Alcohol Concentration (BAC) limit is .08. In 2001, the legislature recodified
the State’s DWI laws to create "degrees" of the offense and took the initiative to carve out new
mandatory sentencing guidelines. Three degrees were crafted which took into consideration "aggravating factors"
for charging purposes. (Aggravating factors include prior impaired driving offenses, a prior impaired driving
offense with a child under the age of 16 in the car,
and a blood alcohol concentration of 0.20 or greater.) The legislature also extended the "look back" period for
enhancement purposes. The statutes allowed prosecutors to take into consideration one’s record for the past 10
years, versus five. The new laws also create more stringent sentencing parameters for the Court.
First Degree DWI
A conviction for First Degree DWI is a felony and one may be sentenced to imprisonment for not more than
seven years, or to payment of a fine of not more than $14,000, or both. The mandatory sentencing statute
provides that upon conviction, one must serve a minimum of 180 days of incarceration, at least 30 days of
which must be served consecutively in a local correctional facility, OR must undergo a program of intensive
supervision that requires the person to consecutively serve at least six days in a local correctional
facility.
Second Degree DWI - an offense with two aggravating factors
Under the law, the court must sentence a person to a minimum of 90 days of incarceration, at least
30 days must be served consecutively in a local correctional facility, OR to a program of intensive
supervision which requires the person to consecutively serve at least six days in a local correctional
facility.
Third Degree DWI - an offense with one aggravating factor
One must serve a minimum of 30 days of incarceration, at least 48 hours of which must be served
consecutively in a local correctional facility; OR eight hours of community work serve for each day
less than 30 days that the person is ordered to serve in a local correctional facility. A judge may deviate
from these mandates if substantial mitigating factors exist.
Fourth Degree DWI - an offense with no aggravating factors
There are no mandatory sentencing provisions for this misdemeanor. As such, the sentence will be
in the discretion of the judge.
AAA Minnesota/Iowa recommends that individuals do not drive after even one drink. It’s a scientific fact that alcohol has an effect on a person’s motor abilities. Alcohol clouds the mind, delays reactions and blurs vision. Any of these can result in a crash with grave consequences.
