Des Moines Felony OWI Lawyers

Is OWI a Felony in Iowa?

If you’ve been accused of a third or subsequent drunk driving offense, you could be charged with a felony. We understand that this can be overwhelming, but with the right defense, it is possible to avoid the negative effects of a felony conviction.

At Branstad & Olson, Des Moines felony OWI attorneys provide the skilled and knowledgeable counsel you need. Our team has over 65 years of combined experience and has handled hundreds of cases, including many concerning OWI. When you choose us, you receive zealous advocacy and strategic thinking custom-tailored to your case.

To schedule a free consultation, call our Des Moines felony OWI lawyers at (515) 329-3100 or contact us online.

Elements of an OWI in Iowa

When the state pursues OWI charges, they take on a burden to prove all elements of the crime beyond a reasonable doubt.

The elements that they must prove include that the defendant was:

• Operating a vehicle: A person may be said to have been operating a vehicle if the engine was running or the car was in motion, and the person exercised control over it. Thus, it's not necessary to prove that the defendant was actually driving the vehicle. Even simply being behind the wheel while it was started is sufficient to prove that they were "operating" it; and they:
• Were under the influence: This means that the accused was intoxicated by drugs and/or alcohol in such a way that their mental ability, judgment, emotions, or motor skills were affected or impaired;
• Had an elevated alcohol concentration: An alcohol concentration at or above .08, as measured by a chemical test, is unlawful; or
• Had any amount of controlled substance in their system: A person who operates a vehicle while they have any amount of a drug in their system, measured by blood or urine testing, is violating the state's OWI law.

At Branstad & Olson, our team thoroughly analyzes the case’s facts to identify holes in the prosecutor’s arguments. Our felony DUI attorneys are ready to raise defenses based on police misconduct or improperly maintained equipment. We review the details of your circumstances to determine an effective course of action.

What Makes OWI a Felony?

The elements listed above apply to OWI cases in general. The specific level of charge levied depends on the severity of the offense. Under Iowa law, an OWI becomes a felony when a person has two or more prior convictions for this crime within the past 12 years.

Prior OWI convictions include:

• Guilty pleas or verdicts
• Deferred judgments
• Convictions or deferred judgments in another state for an offense similar to an Iowa OWI