Iowa OWI/DUI Law
Iowa Code section 321J.2 prohibits an individual
from operating a motor vehicle while under the influence
of alcohol, drugs or a combination of drugs or alcohol;
or while having an alcohol concentration of .08 or greater.
There are two elements of Operating While Intoxicated that
the State must prove beyond a reasonable doubt at trial:
1. The defendant operated a motor
vehicle;
2. He/she did so while under the influence of alcohol
or drugs; OR
3. While having an alcohol concentration of .08
or greater.
"Operating" is defined by the
Iowa Supreme Court as: the immediate, actual physical control
over a motor vehicle that is in motion and/or has its engine
running. Thus, sitting in a vehicle, even with the keys
in the ignition, so long as the engine is not running, does
not and cannot constitute "operating."
While the State must have proof beyond a
reasonable doubt to convict an individual of an offense,
an officer need only have reason to believe that the offense
has been committed to arrest and charge the individual with
the crime. The criminal and civil penalties associated with
"drunk driving" in the State of Iowa are severe
and significantly reduce and individuals ability to obtain
and maintain employment, continue with their education and
maintain a lifestyle that they are accustomed to.
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