OWI plea bargains

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OWI plea bargains

I have had 3 dui/owi convictions over the last 22 years. None involved accidents or injuries. I recently received a 4th owi, and I am wondering how far back on a person’s driving record does the state go? I have seen on another site that it is 12 years. If that is the case, wouldn’t that make this a 3rd offense? Also, what are the chances of a plea bargain to change this from a class D felony to a serious misdemeanor? Thanks for any input.

Asked on June 3, 2009 under Criminal Law, Iowa

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The "lookback period" in Iowa is 12 years.  I don't know exactly when the first DUI was (or some of the others for that matter), but based on the facts that you gave, I'm assuming it's the only one that is out of the 12 year lookback period.  As far as changing the charge to a misdemeanor, I'm afraid that you are out of luck.  A third offense is also listed as a Class D Felony which is punishable by up to 5 years in prison and/or a fine of up to $7,500.  There is also a mandatory minimum penalty of 30 days in jail and a fine of $3,125.

Additionally further penalties will be imposed by the DMV.

After 2 decades, maybe it's time that you wised up.  Drinking and driving don't mix.


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