Des Moines DUI First-Offense Attorneys
Iowa OWI First Offense Charges
In Iowa, the consequences of an operating while under the influence (OWI) charge can be serious. Depending on the situation, arrest alone can lead to license revocation. This can create barriers to completing everyday tasks. A conviction also carries the possibility of driver’s license suspension, incarceration, fines, and other sanctions. If you’ve been accused, it is important to prepare facts and arguments for the outcome you desire.
At Branstad & Olson, our Des Moines OWI first-offense lawyers understand the difficulties that can arise from OWI charges. When you choose us, you can be sure that you have counsel on your side committed to fighting for the best possible outcome. In OWI cases, this involves reviewing all available evidence, as well as every police record and state filing.
To schedule a free consultation with a member of our team, call our Des Moines OWI first-offense attorneys at (515) 329-3100 or contact us online.
OWI First-Offense Iowa Laws
The standard for what constitutes OWI is the same for first and subsequent violations. The difference lies in available arguments and severity of sentences.
Under Iowa Code § 321J.2, a person commits an OWI when they operate a vehicle:
- While under the influence of drugs and/or alcohol,
- With an alcohol concentration of .08 or higher, or
- When they have any amount of a controlled substance in their system.
A driver may be considered "operating a vehicle" when they are in control of a moving vehicle or one that has been started. Thus, even if the person was not actually driving the car, if the engine was running and they could manipulate one of the controls that propel the vehicle, they could be charged with an offense.
Additionally, a person could be considered "under the influence" if their normal faculties, such as their cognitive and motor abilities, were impaired because of the substance.
At Branstad & Olson, we recognize that the arresting officer may have collected evidence to help the prosecution prove that the driver was under the influence while operating a vehicle. However, we also know that improper procedures could diminish the integrity of such evidence. When we take on a case, we examine the preliminary tests run on the driver, the chemical test analyses, and other logs and reports to determine if anything may have skewed the results. Our DUI first-offense attorneys in Des Moines are prepared to do what it takes to protect your rights.
Penalties for an Iowa OWI First Offense
As mentioned earlier, sentences vary for this offense.
The potential punishments include the following:
- Jail time: The court may impose a minimum term of 48 hours and a maximum of up to 1 year.
- Probation: The court may decide to defer judgment and place the defendant on probation with certain conditions. Violators may be punished by probation revocation and a jail term. Those who successfully complete probation will have their cases discharged.
- Fine: The court may impose a maximum fine of $1,250. At the judge's discretion, they can waive up to $625 of this sanction.
- Community service: The court may waive a portion of the fine and order the defendant to unpaid community service.
- Victim restitution: The court may order the defendant to compensate the victim for any damages caused by the OWI offense.
Temporary Restricted License and Ignition Interlock Device Installation in Iowa
A person whose noncommercial driver’s license has been suspended because of an OWI can seek a temporary restricted license (TRL). Under Iowa Code § 321J.20, the restricted license may be issued only after the individual has had an ignition interlock device (IID) installed on all vehicles they own or operate. The TRL gives the person the privilege to drive in any way allowed by a class C driver’s license.
Reach Out to Our DUI Defense Firm in Iowa
If you’ve been accused of driving under the influence, our first-offense DUI lawyers in Des Moines can aggressively fight your charge. We will help you create the strongest possible case, relying on our years of experience and all available evidence.
To get started, contact us at (515) 329-3100 to speak with our Des Moines first offense OWI attorneys.
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Throughout the entire process, Christine was not only professional but also empathetic, understanding the stress and uncertainty I was experiencing.- Former Client -
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I cannot speak highly enough of Christine and her team. From the very beginning, Christine handled everything with grace, professionalism, and a deeply human approach. She is real, approachable, and always makes herself available, even during the most stressful times. Her ability to navigate complex situations while making you feel heard and supported is truly unmatched. Her staff are also top tier—responsive, compassionate, and incredibly efficient. If you’re looking for someone who not only knows the law but genuinely cares about her clients, Christine is the one you want in your corner.- Former Client
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Reversed and Remanded Appeal - Administrative
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Reversed and Remanded Suppression Leading to Dismissal
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Not Guilty – Jury Trial Assault with Intent to Commit Sexual Abuse
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Not Guilty - Trial Vehicular Homicide
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Not Guilty– Jury Trial Murder 1st Degree