What is 12-year look back in Iowa DUI?

David A. Cmelik Law PLC, Iowa criminal lawyer, explains in this best practices series what the 12-year look back is and isn’t in an Iowa driving prosecution.

The 12-year look back in an Iowa Operating While Intoxicated, or, OWI, criminal prosecution—sometimes called DUI in other States—allows the county attorney to use prior drunk driving convictions and expungements to enhance the penalty upon conviction.

A first time OWI offender in Iowa is subject to a jail sentence no fewer than two days and no more than one year. Second offenders, however, face between 7 days in jail and two years in prison. Third and subsequent offenders face between 30 days in jail and five years in prison.

The 12-year look back does not require the prosecutor nor the judge to “forget” prior drunk driving convictions or deferred judgments older than twelve years. It merely restricts penalty enhancements for the current charge based on the 12 year window.

So an Iowa OWI defendant who has four prior OWI convictions from twenty years ago would be charged with a serious misdemeanor punishable by at least two days and at most one year. However, the prosecutor could take into considerations the four priors when crafting an offer or further negotiating a plea deal.

Searching for the best Iowa criminal defense attorney to defend your OWI prosecution? We want to be on your short list. Contact us for a free initial consultation.