Aggravated DUI Defense in Des Moines

What Makes an OWI Charge “Aggravated” in Iowa

Iowa Code 321J.2 sets out the circumstances that elevate an OWI above a standard first offense. Understanding which factor applies to your situation shapes every part of the defense.

Prior OWI within the 12-year lookback period: a second OWI conviction or deferred judgment within 12 years of the prior sentencing date triggers the aggravated misdemeanor classification. The clock runs from the date of sentencing on the prior matter, not the date of arrest or charge.

High BAC on a first offense: a blood alcohol concentration of 0.15% or higher eliminates deferred judgment eligibility even with no prior OWI history. That single test result changes your sentencing options significantly.

Other aggravating circumstances: operating while your license is already revoked for a prior OWI, having a minor in the vehicle, and causing serious bodily injury or death are all recognized aggravating factors. Serious bodily injury elevates the charge to Serious Injury by Vehicle; a fatality becomes Vehicular Homicide. Both are felonies carrying substantially greater exposure.

Iowa doesn’t permit sobriety checkpoints under Iowa Code 321K.1, so aggravated OWI arrests in Des Moines almost always arise from a traffic stop. The legality of that stop is often the first thing we examine.

Penalties for Aggravated DUI & OWI in Iowa

The consequences below aren’t starting points for negotiation. They are what the law requires at minimum.

• Second offense (aggravated misdemeanor): mandatory minimum 7 days in jail, up to 2 years, fines of $1,875 to $6,250 plus a 35% surcharge. No deferred judgment available.
• Third offense (Class D felony): mandatory minimum 30 days in jail, up to 5 years in prison, minimum fine of $3,125 plus the 35% surcharge.
• Serious Injury by Vehicle or Vehicular Homicide: felony charges that can carry up to 25 years in prison.
• CDL consequences: a first OWI conviction results in a one-year CDL revocation. A second OWI at any point in a CDL holder’s lifetime means permanent revocation, regardless of which vehicle was being driven.

License revocation for a second offense runs one year if you submitted to chemical testing and two years if you refused. To drive during a revocation period, you’ll need an ignition interlock device installed in your vehicle, SR-22 insurance, and payment of a civil penalty to the Iowa Department of Transportation. A felony conviction also carries collateral consequences affecting voting rights restoration, firearm possession, and sentencing exposure in any future criminal matter.