Iowa OWI Laws: Penalties, BAC Limit & License (2026)

In Iowa the offense is called operating while intoxicated (OWI), and Iowa Code 321J.2 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A first OWI is a serious misdemeanor punishable by at least 48 hours in jail, a $1,250 fine, and a 180-day license revocation through the Iowa DOT.

This guide is part of our DUI Laws by State series.

What counts as an OWI in Iowa

Iowa's core OWI statute, Iowa Code 321J.2, creates three ways to charge the offense: driving while under the influence of alcohol or a drug, driving with a BAC of 0.08 percent or more, or driving with any amount of a controlled substance in the body. Because the first definition does not require a specific number, a driver under 0.08 can still be convicted on evidence of impairment. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under the zero-tolerance rule in Iowa Code 321J.2A, which makes it unlawful to drive with a BAC of 0.02 percent or more and triggers a 60-day revocation on a first violation. The 0.08 figure is the federal benchmark adopted by every state except Utah, which sets its limit at 0.05 percent, as the National Highway Traffic Safety Administration explains.

First-offense OWI penalties in Iowa (jail, fines, suspension)

A first OWI under Iowa Code 321J.2 is a serious misdemeanor. The statute requires a minimum of 48 hours in jail, up to a maximum of one year, and a fine of $1,250, plus a substance-abuse evaluation and a course on drinking and driving. The court has limited authority to suspend part of the fine or jail time, but it cannot go below the 48-hour minimum. Separately, the Iowa DOT takes its own action against the driving privilege: a first offender who fails the chemical test loses the license for 180 days. To get back on the road sooner, most first offenders apply for a temporary restricted license with an ignition interlock device. Reinstatement requires paying a civil penalty, filing proof of financial responsibility (an SR-22), and completing the required course.

Watch out: The Iowa DOT revocation runs on a separate track from the criminal case. You can resolve or win the criminal case and still lose your license through the DOT, and refusing the chemical test produces a longer one-year revocation than failing it.

Ignition interlock requirements in Iowa

Iowa ties the ignition interlock device to the temporary restricted license rather than to the conviction itself. As the Iowa DOT explains, a first offender who wants a temporary restricted license must install an approved ignition interlock device on every vehicle they drive. Iowa Code 321J.20(2) states that a temporary restricted license "shall not be issued until the applicant installs an approved ignition interlock device on all motor vehicles operated by the applicant," with no alcohol-concentration or injury-accident threshold anywhere in the statute. For repeat offenders the interlock requirement extends for 365 days after driving privileges are reinstated. The device requires a breath sample before the engine starts and at random points during a trip, and it logs each reading for the DOT. A first offender may generally apply for the interlock-restricted license after the revocation begins, allowing driving for any purpose so long as the device is installed.

License revocation and the administrative process in Iowa

Iowa runs an administrative revocation and the criminal case at the same time. Under the implied consent procedure described by the Iowa DOT, a first offender who fails the chemical test (0.08 percent or more) loses the license for 180 days, while a driver who refuses the test loses it for one year. This revocation is administrative and based on the test result, separate from the criminal court outcome. The driver has a limited window to request an administrative hearing to contest the revocation. To reinstate, a driver must serve the revocation or obtain a temporary restricted license, pay a civil penalty and reinstatement fee, file the SR-22, and complete the course on drinking and driving. A separate court order can affect the license following a conviction.

Repeat offenses and the Iowa look-back period

Iowa counts prior OWIs within a 12-year look-back window, so penalties escalate for an offense inside that period. A second OWI within 12 years is an aggravated misdemeanor under Iowa Code 321J.2, punishable by 7 days to 2 years in jail, a fine of $1,875 to $6,250, and a longer revocation. A third OWI within 12 years is a class D felony, punishable by up to 5 years in prison, a fine of $3,125 to $9,375, and revocation of the license for six years. The felony threshold is therefore the third offense. Causing serious injury while OWI is a class D felony, and causing a death is a class B felony for vehicular homicide, regardless of how many prior OWIs the driver has.

Watch out: Refusing the chemical test does not protect your license. A first refusal triggers a one-year revocation, longer than the 180-day revocation for failing the test, and that administrative revocation runs whether or not the criminal case ends in a conviction.

Refusing a breath or blood test in Iowa

Iowa's implied consent law, in Iowa Code Chapter 321J, provides that by driving in the state you have agreed to submit to a chemical test of breath, blood, or urine if an officer reasonably believes you are operating while intoxicated. According to the Iowa DOT, a first refusal results in a one-year license revocation, longer than the 180-day revocation for failing the test. A second refusal within 12 years results in a two-year revocation. A driver who refuses may still apply for a temporary restricted license, but Iowa Code 321J.9(2) requires an approved ignition interlock device on every vehicle the driver operates before the department will grant one. Refusing usually makes the license consequences worse because the revocation itself is longer. The refusal can be used as evidence in the criminal case, and an officer may seek a warrant for a blood draw in some situations.

Can you expunge or seal an OWI in Iowa

Iowa law makes it very difficult to clear an OWI conviction. Under Iowa Code 901C.3, the general misdemeanor expungement statute, a conviction under Chapter 321J cannot be expunged, so a completed OWI conviction stays on the record. The main path to keeping an OWI off the conviction record is to avoid a conviction in the first place, for example through a dismissal or acquittal, in which case the charge may be expunged under the rules for dismissed cases. A deferred judgment is available for a standard first-offense OWI under Iowa Code 907.3, but it is barred when an aggravator applies, such as a BAC over 0.15, a prior OWI, a test refusal, or bodily injury. Because the OWI conviction is not expungeable, it remains visible on a criminal record and continues to count as a prior within the 12-year look-back period.

What to do after an OWI arrest in Iowa

An Iowa OWI creates two matters at once: a criminal case in court and an administrative license action at the Iowa DOT. The deadlines are short, so a common early step is to address the DOT revocation, request any available administrative hearing, and decide whether to apply for a temporary restricted license with an interlock so you can keep driving. The criminal case proceeds on its own schedule from the initial appearance through pretrial and resolution. General information cannot tell you how your case will come out, because the outcome depends on the specific facts, your record, and the evidence. Since the DOT revocation and the court case run on separate tracks, ask an Iowa OWI attorney for a free consultation on any available DOT hearing and the charge (attorney advertising). Keep the arrest paperwork, the notice of revocation, and the test results in a safe place.

More Iowa Laws

• Iowa Expungement Laws
• Iowa Warrant Search

Frequently Asked Questions

What is the BAC limit in Iowa?

The per se limit is 0.08 percent BAC under Iowa Code 321J.2. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a 0.02 percent zero-tolerance limit under Iowa Code 321J.2A.

How long do you lose your license for a first OWI in Iowa?

The Iowa DOT revokes the license for 180 days on a first offense if you fail the chemical test, or one year if you refuse it. Most first offenders apply for a temporary restricted license with an ignition interlock device.

Is a first OWI a felony in Iowa?

No. A first OWI is a serious misdemeanor. A second OWI within 12 years is an aggravated misdemeanor, and a third OWI within 12 years is a class D felony. Causing serious injury or death can be a felony regardless of offense number.

Do you need an interlock for a first OWI in Iowa?

Yes if you want to keep driving. Iowa Code 321J.20(2) says a temporary restricted license cannot be issued until the applicant installs an approved ignition interlock device on all vehicles the applicant operates. There is no BAC or injury-accident threshold; the requirement applies to every OWI temporary restricted license.

What happens if you refuse a breathalyzer in Iowa?

Under implied consent, refusing the test triggers a one-year license revocation, longer than the 180-day revocation for failing it. You can still apply for a temporary restricted license during that revocation, but only with an approved ignition interlock device installed on every vehicle you drive.

How long does an OWI stay on your record in Iowa?

An OWI conviction stays on your criminal record permanently because it cannot be expunged under Iowa Code 901C.3. For enhancement, Iowa uses a 12-year look-back, so a prior OWI within 12 years counts toward a second or third offense.

Can you get an OWI expunged in Iowa?

Not if you were convicted. Iowa Code 901C.3 expressly excludes Chapter 321J convictions from expungement. A charge that ends in dismissal or acquittal may be expunged under the rules for dismissed cases.

What is the look-back period for OWI in Iowa?

Iowa uses a 12-year look-back period. A prior OWI within 12 years raises a later offense to a second (aggravated misdemeanor) or third (class D felony) offense under Iowa Code 321J.2.