OWI-3rd in Iowa: What Now?

A third or subsequent OWI in Iowa is a serious offense. First and foremost it is a felony punishable by at most an “indeterminate” five year prison sentence with a mandatory minimum jail sentence of 30 days. The “indeterminate” part of that sentence means that, if sentenced to prison, the parole board is not hamstrung by a legislative mandate to deny parole for any minimum length of sentence. Good and honor time is applicable but prison is prison and the felon label is impossible to shake. Felons cannot vote unless they specifically request and obtain a restoration of rights. And felons may not possess firearms— stay away from guns and ammunition.

There is no deferrable option for third or subsequent OWI in Iowa. People are sometimes stunned to find this out since the first time OWI offense was typically deferrable for a breath test under .15 or at least a so-called "weekend program" can substitute for the minimum jail sentence on the first offense. That’s not true for either a second or third or subsequent offense where I practice law in Iowa.

When people talk about a "true third" they are talking about someone who has "only" been twice convicted of OWI in their lives-- as opposed to a fourth or fifth OWI that is only classified as an OWI-3rd or subsequent because the classifications go no higher than 3rd or subsequent offense. 

An evaluation is typically required as part of pretrial release and it's legally required before sentencing should a Defendant reach an agreement with the State to dispose of the case with a guilty plea. A defendant who believes he or she will seek a plea agreement with the State should immediately obtain an evaluation and begin any recommended treatment. 

Because of the felony status of a convicted OWI-3rd offender and the minimum 30 day jail sentence (and possible prison sentence) the stakes are high. It will be very important for a competent attorney to review thoroughly the discovery to determine if the law enforcement interaction with the defendant was justified, if field sobriety tests were warranted and properly executed, and if the officer and breath test, if any, were certified in the handling of OWI cases.

A blog is not legal advice. No attorney-client relationship is established by reading a blog or sending unsolicited information to a lawyer over the Internet.