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Second OWI

If you are charged with committing a second OWI offense, then a conviction results in a charge for an aggravated misdemeanor. In order to enhance the classification to the more serious version for a second OWI, the prior conviction or related charge must have occurred within the last 12 years from the date of the new offense. Any OWI conviction or deferred judgment during that time period counts. Even convictions that occurred outside of the State of Iowa count.

The penalties for a second OWI also vary slightly depending on whether the case involves a chemical test of the breath, blood or urine, or a refusal to submit to the test. Other consequences of a second or subsequent OWI arrest in Des Moines, Iowa, includes the fact that an officer can immediately impound the driver’s vehicle. A second conviction for OWI can result in at the seizure and forfeiture of the vehicle.

Second OWI Attorney in Des Moines

If you were charged with OWI and you have a prior conviction for OWI, DUI, or DWI, then contact an experienced criminal defense attorney at McCarthy & Hamrock, P.C.. With offices in West Des Moines, Iowa, our OUI lawyers fight to protect our clients against these serious charges. Call us a (515) 279-9700 to discuss your case.


Second OWI Information Center


Penalties for a Second OWI in Iowa 

The laws in Iowa provide for the following penalties and punishments for a second OWI:


What Counts as a Second OWI Conviction in Iowa

The degree or severity of a particular OWI offense is determined by the number of OWI convictions that occurred within the previous 12 years. Iowa Code § 321.12(4). The "look-back" provision for determining if this offense is a second OWI is by looking at the period from the date of the oldest conviction to the date of the most current arrest. State v. Raim, 381 N.W.2d 635, 637-638 (Iowa 1986). Convictions or the equivalent of deferred judgments for violations in other states under statutes substantially corresponding to the statute prohibiting the operation of a motor vehicle while intoxicated in this state are counted as previous offenses. Iowa Code § 321J.2(4)(c).


Finding the Best Polk County Attorney for a Second OWI

If you are charged with a second offense for OWI then call an experienced drunk driving lawyer at McCarthy & Hamrock, P.C.. Whehter your case involves a chemical test of your breath, blood or urine, or a refusal to submit to the test, we can help you fight the case.

We represent clients throughout Des Moines, West Des Moines and the surrounding areas throughout Polk County, Dallas County, Warren County, Madison County and Guthrie County, Iowa.

Tell Us About Your Case

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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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