Frequently Asked Questions About OWI And DUI Charges In Iowa
Last updated on June 24, 2025
You may have a lot of questions after an OWI/DUI arrest. You need to learn about your legal rights, what a criminal conviction can do to your future and what kind of defenses are possible.
Our West Des Moines criminal defense attorneys can help answer the questions you have about your OWI/DUI charges, including:
What is the difference between OWI and DUI?
“Driving under the influence” (DUI) and “operating while intoxicated” (OWI) sound much the same to most people, but there is a significant difference between the two under the law. “OWI” is more encompassing than “DUI.” You do not have to be driving a vehicle to be charged with an OWI. Instead, you merely need to be in control of the vehicle while it is turned on to be guilty – even if you did not move the vehicle an inch.
What are the legal blood alcohol concentration (BAC) limits in Iowa?
Blood alcohol concentration refers to the amount of alcohol in a person’s body. A driver’s BAC can be tested with a breath, urine or blood test.
In Iowa, the BAC limit is .08%. For commercial drivers, the BAC limit is .04%. And, for drivers under 21 years of age, the BAC limit is .02%. A reading above the BAC limit is considered proof of legal intoxication, even if you do not “seem” impaired.
What are the consequences of refusing a breathalyzer test?
Every licensed driver consents to implied consent laws, which means a driver must agree to take a breathalyzer test if the police suspect a driver of drunk driving. Refusing to take a breathalyzer test can lead to penalties, such as a license suspension, fees and additional criminal charges.
Can I be charged with DUI/OWI if I’m under the legal BAC limit?
Yes. Alcohol affects everyone differently. Even if a driver’s BAC reads below the legal limit, they may have violated traffic laws while under the influence. For example, a driver may swerve between lanes, run lights, speed or endanger others because of their alcohol consumption.
Ask Your Questions During A Free Consultation
A DUI or OWI can have major consequences. If convicted, a driver could lose their license, face fines and spend time in jail. Yet, a criminal charge can have long-lasting implications for a driver’s future. The West Des Moines criminal defense attorneys at Lombardi & Miler Law Firm PLLC can help reduce or dismiss DUI/OWI charges. Call today at 515-513-5324 or contact us online for a free consultation.