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Sentence Enhancements for DUI (OWI) in Iowa

To the extent that section 907.3 of Iowa Code allows, the court may impose additional sentencing terms and conditions.

A judge has the discretion for a sentence that is between the statutory minimum and maximum (inclusive).  The Constitution requires that any fact that increases the penalty for a crime beyond the prescribed statutory maximum, other than the fact of a prior conviction, must be submitted to a jury and proved beyond a reasonable doubt (unless of course, the defendant pleads guilty).

The Iowa Supreme Court has ruled that the habitual offender statutes do not charge a separate offense, but simply are a sentencing enhancement.

§321J.2(1)(d)(2):  A defendant whose alcohol concentration is more than .10 shall not be eligible for any temporary restricted license for at least thirty days if a test was obtained, and an accident resulting in personal injury or property damage occurred or the defendant’s alcohol concentration exceeded .15. There shall be no such period of ineligibility if no such accident occurred and the defendant’s alcohol concentration did not exceed .15. In either case, where a defendant’s alcohol concentration is more than .10, the department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license.


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