Iowa Blood Alcohol Concentration (BAC) Levels
Under Iowa law, the legal blood alcohol limit for an adult driver operating a motor vehicle in Iowa is .08. The legal limit for a commercial driver is .04. For underage drivers, the legal limit is .02. If your driver’s license was suspended due to an arrest for driving under the influence (DUI), the officer may offer you an opportunity to have a temporary license if you provide a breath sample that returns a result of less than .08. The BAC limit is measured as a percentage of alcohol in the blood and the chart below gives a general consensus on the effect of the BAC number. .01 – .05 Minor loss of judgment; Relaxation; Slightly elated mood; Decreased inhibitions. .06 – .10 Reduced alertness; Slowed reaction time; Impaired motor coordination; Slightly decreased sensory perception .11 – .15 Possible impairment; Slowed motor skills; Altered mood; Indifference; Decreased concentration.; Severe decline in physical and mental control .16 – . 20 Severe mental impairment; Slurred speech; Increased reaction time; Impaired reflexes; Unable to maintain control of body; Inhibitions gone .21 – .30 Confusion; Staggering and possible stumbling; Drowsy or sleepy; Sleep; Vomiting .30 and above Danger of death; Coma; Possible death Under Iowa law, .08 blood alcohol level intoxication allows the presumption that you were driving under the influence of alcohol. Far more important than the presumption provided for by the .08 level of intoxication is the fact that you are subject to a criminal proceeding both under Iowa Code section 321J.2 (substance abuse) and under Iowa Code section 321J.9 (implied consent). The two cases are separate proceedings but must be handled at the same time. A civil action challenging the suspension of your license is brought in the Iowa Department of Transportation and contests the suspension of the license. The criminal action is brought up as a separate and independent criminal matter.
Consequences for Over the Legal Alcohol Limits
Exceeding Iowa’s legal alcohol limits can bring various penalties, especially when blood alcohol concentration (BAC) levels hit .08 percent or higher. These penalties may include fines, jail time, license suspensions, and mandatory participation in educational or rehabilitative programs.
Fines
Iowa law specifies minimum fines for people convicted of operating a motor vehicle with a BAC of .08 percent or greater, and for people convicted of operating a motor vehicle while intoxicated. Just like other financial penalties, these fines become steeper with each subsequent conviction:
-First offense .08 percent BAC: $1,250
-Second offense within 12 years: $1,875
-Third offense within 12 years: $2,500
-Fourth and subsequent offenses: $2,500
-Operating while intoxicated (OWI) first offense: $1,250
-OWI second offense within 12 years: $1,875
-OWI third offense within 12 years: $3,750
-OWI fourth and subsequent offenses: $6,250
-Vessel operating while intoxicated with a BAC of .08 percent or greater: $330
-Vessel operating while intoxicated first offense: $1,250
-Vessel operating while intoxicated second offense within 12 years: $1,875
-Vessel operating while intoxicated third offense within 12 years: $3,750
-Vessel operating while intoxicated fourth and subsequent offenses: $6,250
Jail
People with a BAC of .08 percent can spend up to one year in jail for their crime. Like financial penalties, jail time increases for repeat offenders. For people who are convicted of operating a motor vehicle while intoxicated, the maximum jail sentences are as follows:
-First offense: Two days to one year
-Second offense within 12 years: Seven days to two years
-Third or subsequent offense within 12 years: 30 days to two years
-Fourth or subsequent offense: 2 years
License Suspensions
First-time offenders with a BAC of .08 percent or higher may have their licenses suspended for six months, while people convicted of operating while intoxicated can face the following suspensions:
-First offense: Six months to one year, including a 30-day temporary restriction at the beginning of the suspension period
-Second offense within 12 years: One year and 45 days, with a 45-day temporary restriction at the beginning of the suspension period
-Third offense within 12 years: Two years and 90 days, with 90-day temporary restriction at the beginning of the suspension period
-Fourth and subsequent offense: Up to six years
Mandatory Participation in Programs
Judges may order first-time offenders to complete a substance abuse education program and/or a substance abuse evaluation with recommendations for treatment. Judges may also require people convicted of operating under the influence to complete a boating safety course, if they were convicted of vessel operating while intoxicated.
How Iowa Enforces Alcohol Limits
Iowa law enforcement utilizes standardized field sobriety tests to assess whether a driver is impaired by alcohol. These tests are designed to provide law enforcement officers with insight on a driver’s level of impairment. Investigating officers administer "the standard battery" of three field sobriety tests. The three tests consist of the walk-and-turn, the one-legged stand, and horizontal gaze nystagmus (HGN). All three assessments are voluntary and any refusal can be used against the driver as evidence. It is very possible, however, to fail the tests even if the driver is not intoxicated. This can occur if the driver is not from the area and does not know how to walk heel-to-toe, they cannot perform a balance test because they wear orthopedic shoes, another medical condition or disability affects their dexterity, their age in some instances, etc. Because there are many possible reasons for failing the tests other than intoxication, it is understandable how an experienced criminal defense lawyer can successfully defend against impaired operation charges. Accordingly, it is critical that Iowans understand how to successfully navigate a traffic stop. The outcome may mean the difference between DUI and driving rights in Iowa for three years. Often an officer will have a driver perform the tests directly on the side of the crowded roadway—often while the officer is impatiently asking the driver questions and/or attempting to make them feel nervous. The tests are often completed in the presence of passing traffic, many of whom honk or yell at the driver and/or the officer, further, attempting to distract the driver. Oftentimes the investigating officer is presenting the tests to the driver while outside the view of the dash cam video camera. Thus, the investigating officer frequently will testify that the driver failed a field sobriety test when the dash camera shows the driver performing the tests properly. If you are stopped for suspected drunken driving, you should request that the officer turn on the dash cam video and that you be allowed to perform the tests out of the view of the driving public—for privacy and safety. If simply the request to do so causes the arresting officer to be upset—this can be an important detail to remember if the matter goes to trial. Another way to prove the driver was not drinking or impaired by alcohol is to have the driver blow into the breathalyzer machine. This instrument measures the blood alcohol concentration (BAC) of an individual. However, the driver must be under arrest for this test to be valid. The apparatus first requires the officer to print the calibration slip and/or status report from the unit. The unit is then maintained by a state-approved technician. If the machine fails to produce a valid status report—this can result in the exclusion of the test result, or hit on the reading, should the case go to trial. This occurs most frequently when the breathalyzer operator forgets to press a button in order to establish the status of the instrument. If the officer does not follow the above steps in sequence, the actual test may be excluded under Iowa law—the results may be suppressed. A driver arrested for drunken driving typically cannot leave the scene without a sober adult passenger. That means there are many ways to prove an alcohol limit below .08, or zero drinking, to overcome the presumption of intoxication under the law.
The Effect of Your BAC Level on Your Driving Performance
Alcohol severely impairs both physical and mental capabilities, which is why BAC or blood alcohol concentration limits are enforced in nearly every state across America, including Iowa. Physical impairment can include a decrease in reaction times, overall alertness, depth perception, and the coordination of hand and eye movements. Mental impairment can include a reduction in coordination, judgment, and ability to concentrate on tasks.
The legally allowed limits of 0.08% BAC in all 50 states is the dividing line between enjoyment and danger. For most people, this BAC means the drinking of three or four alcoholic beverages over a span of two hours, but this estimate varies by body weight, gender, food consumption and other factors. The amount of alcohol in a person’s blood rises rapidly with the consumption of alcohol, and can be decreased only by time. For example, a 140-pound male, who gets himself to 0.08% BAC within the first hour after drinking two gin and tonics, will see his BAC level rise to 0.10% by the beginning of the second hour. At the end of that hour, his BAC would be at 0.12%, and by the third hour, he could be as high as 0.15%. However, if this same male were to consume all his alcohol within this same three hour period, he would have a BAC that would lead to coma and death in most of the population. If the above scenario were being experienced by a 190-pound male, all three BAC levels would be lower than in the account above. That is the reason that the "size matters" and "how fast" you consume your alcohol is important. The law does not state one can drink until he reaches .08% BAC and then drive, instead the law dictates those below the limit cannot be convicted of DWI, not that it is safe for them to drive.
Legal Arguments Against Iowa DUI Arrests
As for the legal defenses that may be used in an attempt to beat a drunk driving charge, one of the most common strategies is to question the accuracy of the breathalyzer machine. This is commonly done by obtaining the inspection records of the DUI roadstop. If the breathalyzer has not been properly calibrated or inspected, then the BAC of the alleged intoxicated person may be incorrect. In addition a breathalyzer test result may be challenged when the person who operated the machine did not have up-to-date training on the operation of the device. Again, if the operator of the breathalyzer did not know how to set the machine up properly and obtain an accurate blood alcohol content, the prosecutor may have a difficult time admitting the results into evidence. Also, if the officer or the person taking the breath test was not an expert , they may also need to be qualified as an expert witness since the alleged DUI may not know how to cross-examine the breath test witness without some training with regard to testing BAC. Likewise, if a blood test was done, it too may be called into question. These blood test results are often challenged by obtaining the chain of custody records of the blood. If the records do not show an unbroken chain of custody, the blood test results may be inadmissible. Another effective way to fight a DUI charge is to challenge the constitutionality of the traffic stop. Most of the time in order to pull you over, the officer must have observed a violation of the law. Otherwise, the stop was unlawful and any subsequent actions on the part of law enforcement officers after the illegal stop may not be used against the defendant.
Updates to Iowa DUI Legislation
In the past few years, the legal limit for driving while intoxicated in the state of Iowa has seen a change. House file 681 was enacted on January 1, 2019. Drivers with a blood alcohol concentration (BAC) of .08 or greater can receive a penalty (license suspension, fine, etc.) but drivers that have a BAC between .05 and .08 are no longer penalized if they are not displaying erratic driving. These drivers may be arrested but will not be charged with operating while intoxicated (OWI). Although there is a threshold which is now view as impaired driving, a threshold in which the results are not enough for an OWI charge, people should still not drive under the influence. If you feel intoxicated and you are inclined to drive, you should prioritize the safety of yourself and others by asking a friend to drive, calling a taxi, or requesting a rideshare.
Ways to Avoid Getting a DUI
You probably can’t expect Iowa law enforcement to be merciful when it comes to alcohol and drug-related charges, but you can be. By making decisions that minimize your chances of facing DUI charges, you increase your chances of getting home in one piece and not facing legal repercussions in the meantime. Here are some practical tips for avoiding DUI charges in Iowa: Drink in moderation. Iowa laws do allow you to drink alcohol at social gatherings as long as you are not over the legal limit and do not do any other drugs or have medications on board that will impair your ability to drive. If you have more than one or two drinks at a party, however, it can be easy to exceed the legal blood alcohol limit. Make sure to keep track of how many drinks you’re consuming, and pace yourself so as to not exceed the limit. Use an Uber or another ridesharing app. An Uber, or another ridesharing service, is a safe way to get home without worrying about where you parked your vehicle or whether your blood alcohol level is too high to drive. See if you can share the ride with other partygoers , so that you won’t have to pay the entire bill out of your own pocket. Plus, rideshare services are far more affordable than they used to be, so don’t hesitate to ask for a ride home from a party to avoid any issues. Arrange for a designated driver. Even if you’re going to be gathering with family and friends at someone else’s house, now is the time to choose a designated driver (DD) — someone who agrees not to drink during the party and to drive home everyone who did. The DD should be someone you really trust — someone who knows not to change their mind and sneak a few drinks on the sly. It doesn’t have to be someone who doesn’t drink at all; they could just pace themselves and severely limit their alcohol intake. Enlist a sober friend. You may choose to have someone forgo alcohol for the evening, either as a designated driver or just as a friend there to keep you in check if need be. This person can help you keep your drinking in check, and they can also monitor your other friends, making sure no one has too much to drink and gets behind the wheel in an inebriated state.