In this video, our Des Moines traffic attorneys explain how an aggravated OWI​ involves certain aggravating factors that elevate the charge from a serious misdemeanor to an aggravated misdemeanor​ or felony misdemeanor. Operating While Intoxicated (OWI), is the same as a DUI or DWI in other states, just different terminology. An individual commits the offense of operating while intoxicated if he or she operates a motor vehicle while under the influence of alcohol or other drug or a combination of the two. As in all other states, it is illegal to have a blood alcohol content (BAC) of 0.08% or higher while driving, or having a controlled substance in the blood as tested through blood, urine, or breathalyzer.

In this video, our Des Moines traffic attorneys explain how the determination of whether an offender will be granted deferred adjudication is within the discretion of the judge on the case. However, to be eligible for deferred judgment, the offender’s OWI cannot involve injuries to another person and the offender:

• Hasn't been previously convicted of an OWI or received a deferred judgment;
• Hasn't had a previous OWI-related license revocation;
• Submitted to chemical testing and had a blood alcohol concentration (BAC) level of .15% or less; and
• Didn't refuse chemical testing under Iowa’s implied consent laws.

Generally, prior DUI/OWI convictions and deferred judgments from out of state are also considered in this determination. If you have an out of state conviction, you likely do not qualify for this program.