Strong Representation For OWI/DUI Cases

Last updated on March 4, 2025

Many drivers who face criminal charges for drunk driving are good people who have made a mistake – or who were completely sober at the time of the traffic stop. Unfortunately, a conviction can have serious penalties.

If you are facing charges of operating while intoxicated (OWI) in Iowa, you can take advantage of your day in court. Our criminal defense lawyers at Marberry Law Firm, P.C., are ready to represent you. Based in Urbandale, our attorneys have extensive trial and criminal defense experience that they can use to protect your rights.

What Is OWI In Iowa?

An OWI in Iowa is the formal criminal offense for drunk or drugged driving. It stands for operating while intoxicated, but it’s also sometimes referred to as driving under the influence (DUI) or driving while intoxicated (DWI). You can face an OWI charge if you test at or above the legal limit for blood alcohol content (BAC), which is .08%, when driving in the state. You can also face one if you test positive for controlled substances in your system or allegedly exhibit signs of impairment.

What Are The OWI/DUI Penalties In Iowa?

OWI charges are serious matters. Even if you have never had a brush with the law before, you might still face significant penalties. The potential consequences for an OWI conviction include the following:

• Jail time (48 hours to one year for an Iowa first-offense OWI)
• Fines ($625 to $1,250 for a first offense)
• License suspension (one year for a first offense)
• Increased insurance costs
• Harm to your reputation, career and professional opportunities

Testing at or above the limit can have major ramifications right off the bat, as you can face an administrative license suspension on top of criminal charges.

Our Des Moines criminal attorneys understand what an OWI charge could mean for your future and are ready to fight to protect you from such impacts.

What Could You Face For A 2nd Iowa DUI Offense?

The penalties for DUI become more severe with each repeat offense. For example, for a second-offense OWI in Iowa:

• The jail time range increases to seven days to 2 years.
• The fine range increases to $1,875 to $6,250.
• There are additional consequences, such as having to take a drunk driving course.

If you are facing allegations of a second DUI in Iowa, our Des Moines criminal defense lawyers can explain your options and advocate for your rights.

How Severe Are Penalties For 3rd DUI Offenses In Iowa?

The stakes get even higher with a third-offense DUI charge. You could face a range of major penalties, including:

• 30 days to five years in jail
• $3,125 to $9,375 in fines
• A six-year license revocation

Our Iowa criminal defense lawyers can build you custom strategies for contesting these serious OWI charges.

Helping You Understand New Iowa OWI Laws

Iowa’s OWI laws can change from year to year. In 2025, new laws are in effect regarding ignition interlock devices (IIDs) in the state. These devices won’t let you start your car unless you first take a breath test and test below a certain BAC. In Iowa, installing such a device is a requirement for obtaining a temporary restricted license in lieu of or after a license suspension/revocation. The new law made changes to the state’s rules on these devices, including the following:

• Determining that a certain number of failed IID tests within a short period of time would increase how long a driver needs an IID
• Adding new penalties for device removal without permission
• Adding more specifics to these rules

Our Des Moines DUI lawyers are committed to staying on top of all changes in state drunk driving laws and procedures to ensure that our clients receive the accurate, up-to-date defense strategies they need. Our team can help you understand what the recent new IID rules and any future updates might mean for your case.

Standing Up For Your Rights In Your Iowa OWI/DUI Case

It is very important for Iowa drivers to fully understand their rights during traffic stops and DUI cases. Knowing them can make a big difference when they’re trying to protect their futures, privacy and driving privileges in the face of OWI charges. Key rights include the following:

• The right to an attorney: It can be wise to seek representation from an experienced Des Moines OWI attorney as soon as possible.
• The right to remain silent: You may think that just explaining things to the police will clear things up. However, answering police questions without the presence and support of a lawyer can create more problems than it solves. So, exercising your right to remain silent can be critical.
• The right to be protected against invalid stops or searches: The Fourth Amendment and other key protections limit what police can do during DUI stops and investigations. If authorities violate your rights on this front, you may be able to get evidence that comes from such misconduct thrown out.
• The right to be presumed innocent: It is important to know that a DUI charge is not an automatic conviction. You are to be considered innocent unless proven guilty. Strong advocates, like our team, can ensure that authorities treat you properly throughout the process.
• The right to challenge the case against you: Police and prosecutors are not infallible; they can make mistakes. A skilled Des Moines criminal defense attorney can help you look for such errors and other grounds for contesting the OWI charges you face.

Our team is ready to champion your rights throughout your OWI case.

3 Misconceptions About OWI Laws

Common misconceptions about drunk and drugged driving cases in Iowa include the following:

1. A chemical test automatically leads to a conviction: Breath tests and blood tests are not always reliable, and law enforcement might not always follow the right procedures.
2. Drugged driving only applies to illegal drugs: Certain prescription medications can affect your ability to drive safely and can, therefore, lead to OWI charges.
3. Police cannot make you submit to a chemical test: You have the right to refuse a chemical test, although you would face consequences for doing so. In limited circumstances, however, law enforcement may securely administer a blood test with or without a warrant.

Our attorneys can advise you as early as at the time of the traffic stop. Regardless of where your case is in the criminal justice process, they will be ready to stand up in your defense.

What Is Iowa’s Zero Tolerance Law?

The state’s zero tolerance law prohibits drivers under 21 from driving with a BAC at or above .02%. The standard penalty for violating this law is a license suspension of 60 days for a first offense and 90 days for a subsequent offense. This is an administrative penalty, meaning that you can face it regardless of whether you ever receive any charges. Also, unlike many other OWI-related suspensions, you cannot receive a temporary restricted driver’s license during a zero tolerance suspension. However, you do typically have the ability to appeal. Our Iowa criminal lawyers can help you with every step of protecting your driving privileges when you are facing allegations of a zero tolerance violation.

The Basics Of Field Sobriety Tests in Iowa

Field sobriety tests are assessments used by law enforcement to evaluate a driver’s level of impairment. As in many other states, the three main types of such tests in Iowa are:

• The one-leg stand
• The walk and turn
• The horizontal gaze nystagmus

The results of such tests can be evidence of drunk or drugged driving and, thus, can play a significant role in DUI cases. You can legally refuse them, but such refusal may be followed by a request for a chemical test. There are several ways to challenge field sobriety test evidence in court, such as questioning the following:

• Whether the officer was properly trained in giving them
• Whether they were administered appropriately
• Whether the interpretation of the results is correct
• Whether there was an innocent reason for poor performance on such a test

Our Iowa OWI lawyers can review the details of any field sobriety test results in your case and explain what defense options you have in relation to them.

Local OWI Resources

Being informed and having the full picture of what you are facing can be critical when making key decisions in your case. Here are some local resources on OWI cases:

• Iowa Department of Transportation: Information on the license impacts of OWI matters
• Iowa Department of Education: Information on OWI and drunk driving classes
• Polk County Attorney: Information on the county’s OWI Unit.

A knowledgeable DUI defense attorney can also play a valuable role in ensuring that you have all the information you need throughout the course of your case. Our Des Moines OWI attorneys are here to provide you with trusted and reliable guidance when you need it most.

Our Team Can Fight OWI Charges For You

Our experienced trial lawyers understand that an OWI conviction can negatively affect your career, your driving privileges and your freedom. They know how to challenge the evidence against you.

Begin Your Defense Today

Do not wait to protect your rights. Our team can represent you from the start of your case to the end. Call 515-989-6794 or email our Urbandale office for a free consultation.