The Iowa Department of Transportation only looks at prior drunk driving license suspensions within the past 12 years to determine if the current charge is a 1st, 2nd or subsequent offense. Zero tolerance (.02) offenses count!
Under Iowa laws, any person found to have been operating a motor vehicle while intoxicated by failing a sobriety test or refusing to submit to a sobriety test must complete a mandatory drinking and driving course.
OWI First Offense Serious Misdemeanor
Jail sentence of up to 1 year in jail but no less than 48 hours; fine of up to $1,500 but no less than $1,250 plus 32% surcharge, court costs and $10 DARE surcharge; Substance abuse evaluation; drinking drivers course; restitution (if any).
An individual with an alcohol concentration under .15 when no accident resulting in bodily injury has occurred and no prior deferred judgment for OWI may be eligible for a deferred judgment which avoids jail time but still results in a $1,250 civil penalty, court costs; substance abuse evaluation; drinking drivers course; restitution; and probation for up to 1 year. Misdemeanor Convictions
While misdemeanor convictions do not pose nearly the issues that felony convictions pose, they often have devistating effects on a person’s life. Employers often run background checks, and when they do a misdemeanor is a criminal offense that will show up in the final report. Additionally, a misdemeanor can cause issues with obtaining clearances such as a security clearance or a child care center license particularly if the misdmeanor offense involved any violent or sexual crime.
Collateral Consequences Frequently Asked Questions Will I Lose My Job?
There is no clear cut answer to this question as Iowa is a “work for hire” state, meaning that an employer does not need a particular reason to fire an employee so long as termination is not based upon a discriminatory practice. Every employer is different and has different policies when it comes to retention of employees that have been convicted of a criminal offense. Those who make a living driving a vehicle, especially commercial vehicles, are most likely to see adverse employment consequences from a DUI conviction.
Is a Deferred Judgment a “Conviction?”
No. A deferred judgment in Iowa is not considered a criminal conviction for purposes of criminal history checks. HOWEVER, many times employers will hire out of state companies to do background checks who do not understand or know how to read Iowa criminal history reports. If a person is required to sign an authorization to obtain their ARREST record, they would be well advised to check “no” on the conviction question but to none-the-less disclose that they received a deferred judgment simply so the potential employer knows that the individual is being up front and honest with them. How Long Do I Need SR22 Insurance?
Two years. How Long Will a DUI Affect my Insurance Rates?
Every insurance company is different on what they consider and how far back the will look to determine applicable insurance risks and corresponding rates. The general rule of thumb though is that a conviction for DUI will adversely affect a person’s “insurability” through various insurance companies for approximately seven years. Will a DUI Conviction Affect My Professional Licensure?
Operating While Intoxicated (DUI) charges is the one criminal offense that impacts the widest range of socioeconomic classes. Whether it be doctors, lawyers, accountants, CEO’s, business leaders, financial advisors, nurses, teachers, contractors, or other well-employed professionals, no one profession avoids the glare of law enforcement lights better than any other. One question that is often brought up when a professional is charged with Operating While Intoxicated is “what about my professional license?”
There is no quick and easy answer for this question as it depends upon each professions code of conduct and individual employment contracts. Ordinarily though, professional licensing regulations are only implicated in cases involving convictions for felony offenses, crimes of dishonesty, or substance abuse issues that directly impact or involve the professional’s job performance.
A first offense operating while intoxicated charge is NOT a felony, nor is it a crime of dishonesty or one that would ordinarily impact or involve a professional’s job performance. Obviously, if the allegations involve the operation of a company vehicle or occur during the course of performing employment duties, that is a completely different analysis. An ordinary operating while intoxicated, first offense, however, should not result in suspension or disqualification of professional licensing barring extenuating circumstances.
