Getting convicted of a third OWI in Iowa can result in the revocation of a driver’s license for up to six years, in addition to other penalties, like hefty fines and jail time. While this is typical, factors like refusing chemical testing and your prior criminal history can impact the timeline of your case. As such, understanding the penalties you can face and the potential defenses you may be eligible to use is critical. If you’re facing down a third conviction, you must talk to our Dallas County OWI lawyers. We want to help you find a way to defend yourself from these accusations.

Will I Lose My License After a Third OWI Conviction?

It’s certainly a possibility. It’s possible to lose your license after your first OWI conviction! So it should not be a surprise that many people who get convicted of a third OWI have to go without a driver’s license for a long time.

The likely punishment is a revocation of your driving privileges for up to six years. Do you want to pay for rideshares or be dependent on friends and family members for rides for that long? We doubt it.

License Revocation Considerations

  • A third OWI charge in Iowa is a Class D felony
  • License revocation can last up to six years
  • Revocation is separate from the criminal penalties imposed by the courts and begins through the IOWA Department of Transportation
  • Refusing a chemical test can trigger additional administrative penalties
  • You may need to install an ignition interlock device in order to regain driving privileges

These penalties are enforced in accordance with Iowa Code § 321J and enforced by the Iowa Department of Administration, which oversees all license revocations and reinstatements.

What Other Penalties Are There for a Third OWI?

In addition to losing your license for up to six years, you could face many additional penalties for a third OWI conviction. You could even end up going to prison. Potential punishments include:

  • Fines of up to $9,375
  • A jail sentence of 30 days to five years
  • Mandatory participation in a substance abuse program
  • The installation of an ignition interlock device in your car

Additional Consequences Beyond Court Penalties

  • A permanent criminal record can impact employment opportunities
  • You may need to obtain SR-22 insurance
  • Potential vehicle impoundment for forfeiture
  • Travel restrictions as a result of felony convictions
  • Impact on professional licensing, like nursing or CDLs

Can I Refuse Chemical Testing?

This is another good way to lose your license for an extended period of time. Refusing to cooperate with a chemical test will result in a revocation of your license. After the first refusal, you can lose your driver’s license for a year. Refuse a second time, and that stretches to two years. We recommend that you settle on a different strategy aside from refusing BAC testing.

Chemical Test Refusal Penalties

  • First Refusal: 1-year license revocation
  • Second Refusal: 2-year license revocation
  • These penalties apply even if you are not convicted
  • Governed in accordance with Iowa’s implied consent laws
  • Can complicate plea negotiations 

Can I Get a Restricted or Early License After a Third OWI?

In most third OWI cases in Dallas County, early license reinstatement is limited, as you are considered a repeat offender and ultimately offered less leniency by the court. However, under certain circumstances, a restricted driving privilege may be granted under strict conditions.

Eligibility for Temporary Restricted License (TRL)

  • You must meet DOT eligibility requirements
  • You are required to install an ignition interlock device
  • Driving is limited to essential purposes only, like:
    • Commuting for work
    • Medical appointments
    • Court-ordered programs
    • Childcare responsibilities

What You Must Do Before License Reinstatement

  • Pay all civil penalties and reinstatement fees
  • Complete a mandatory substance abuse evaluation
  • Maintain SR-22 insurance for the required period
  • Comply with court-ordered conditions
  • Provide proof of an IID installation when required

How Can I Defend Myself Against an OWI Charge?

You don’t want to lose your driver’s license for years, spend time in jail, or pay thousands of dollars in fines. This means figuring out a way to defend yourself and cast doubt on the prosecution’s case. Our defense attorneys can employ all kinds of strategies on your behalf. Depending on the circumstances of your case, we can claim that:

  • You have a medical condition that affected the BAC reading
  • The field sobriety test was not carried out properly
  • The breathalyzer device was not calibrated or used correctly
  • Your rights were violated, i.e., there was no probable cause for the initial traffic stop

Talk to an Experienced Dallas County Lawyer

Do not try to face OWI charges alone, especially if you are looking at a third potential conviction. Contact Iowa Defenders, PLLC, and schedule a consultation. We can take a look at your case and get right to work on a defensive strategy. Contact us today to learn how we can navigate these matters.