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Elements of DUI (OWI) in Iowa

A person commits the offense of OWI if the person a motor vehicle in Iowa while under the influence of alcohol or drugs or any combination of the two; while having an alcohol concentration (BAC*) of .08 or more (.02 for minors, .04 for commercial vehicles); or while any amount of a controlled substance is present in the person, as measured in the driver’s blood or urine by a chemical test, performed at the request of a peace officer** with reasonable cause (or as requested by the driver in an attempt to defend/contradict a positive breath test).

*BAC- “Blood Alcohol Concentration,” the number of grams of alcohol per any of the following: a. one hundred milliliters of blood

b. two hundred ten liters of breath

c. sixty-seven milliliters of urine

**“Peace officer” may refer to either a member of the state patrol, a police officer under civil service, a sheriff, or a regular deputy sheriff who has had formal police training. (see 321J.1 Definitions)


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