If you were arrested for drunk driving in Siouxland, the name of the charge depends on which side of the Missouri River you were on. Iowa calls it OWI, which stands for operating while intoxicated. Nebraska calls it DUI, which stands for driving under the influence. So in the OWI vs DUI question, both words describe the same basic offense.
The real difference between OWI and DUI is the state law behind each one. OWI in Iowa falls under Iowa Code chapter 321J. DUI in Nebraska falls under Neb. Rev. Stat. § 60-6,196 and the sections that follow it. The two states use different penalties, license rules, and deadlines. Our DUI and OWI defense page explains how our office helps in both states.
OWI vs DUI: the name depends on the state
Under Iowa Code section 321J.2, a person commits OWI by operating a motor vehicle in Iowa in any of these conditions:
- While under the influence of alcohol, a drug, or a combination of the two
- With an alcohol concentration of .08 or more
- With any amount of a controlled substance in the person's blood or urine
Under Neb. Rev. Stat. § 60-6,196, it is unlawful to operate or be in the actual physical control of a motor vehicle in Nebraska:
- While under the influence of alcoholic liquor or any drug
- With an alcohol concentration of .08 or more in the blood or breath
"Operating" and "actual physical control"
Neither state requires the car to be moving down the road.
Nebraska's statute covers a person who operates a vehicle and a person who is "in the actual physical control" of one. Iowa's statute uses the word "operates." Iowa courts have treated operating as broader than driving. A person in control of a vehicle with the engine running can be found to be operating it, even when the vehicle is parked.
BAC limits in Iowa and Nebraska
The adult limit is .08 in both states. Some drivers face lower limits.
- Drivers under 21 in Iowa: Iowa Code section 321J.2A bars a person under 21 from operating a vehicle with an alcohol concentration of .02 or more. A result from .02 up to .08 leads to a 60-day license revocation for a person with no earlier revocation (section 321J.12).
- Drivers under 21 in Nebraska: Neb. Rev. Stat. § 60-6,211.01 sets the same .02 limit. Under § 60-6,211.02, a violation is a traffic infraction, and the court impounds the license for 30 days.
- Commercial drivers in Iowa: Under Iowa Code section 321.208, a commercial driver can be disqualified for operating a commercial vehicle with an alcohol concentration of 0.04 or more.
- Commercial drivers in Nebraska: Neb. Rev. Stat. § 60-4,163 bars operating a commercial vehicle with any alcoholic liquor in the body.
Implied consent: what happens to your license
Both states have implied consent laws (Iowa Code section 321J.6 and Neb. Rev. Stat. § 60-6,197). By driving in the state, you are treated as having agreed to a chemical test of your blood, breath, or urine when an officer has grounds to ask for one.
The license case is separate from the criminal case, and the deadlines are short.
Iowa
- Refusing the test: The Iowa DOT revokes the license for one year, or two years if the person has an earlier revocation under chapter 321J (Iowa Code section 321J.9).
- Failing the test: The revocation is 180 days, or one year with an earlier revocation (Iowa Code section 321J.12).
- Deadline to ask for a hearing: The request must be made within 10 days after receiving the notice of revocation (Iowa Code section 321J.13).
Nebraska
- Refusing the test: The Nebraska DMV revokes the license for one year (Neb. Rev. Stat. § 60-498.02). Refusal is also a separate crime under § 60-6,197.
- Failing the test: The revocation is 180 days, or one year if the person had an earlier administrative revocation in the past 15 years (§ 60-498.02).
- Deadline to ask for a hearing: The revocation takes effect 15 days after the arrest. A petition for a hearing must be delivered or postmarked within 10 days after the arrest. If the test results come back later and the notice is mailed, the 10 days run from the mailing date (Neb. Rev. Stat. § 60-498.01).
First offense OWI in Iowa and DUI in Nebraska
Iowa first offense OWI
A first offense is a serious misdemeanor under Iowa Code section 321J.2. The statute calls for:
- At least 48 hours in the county jail, and up to one year
- A fine of $1,250, part of which the court may waive in some cases
- License revocation of 180 days to one year
- A substance use evaluation and a course for drinking drivers
In some first offense cases, the court may defer judgment and place the person on probation.
Nebraska first offense DUI
A first offense is a Class W misdemeanor under Neb. Rev. Stat. § 60-6,197.03. Under Neb. Rev. Stat. § 28-106, a first conviction carries:
- A maximum of 60 days in jail and a $500 fine
- A mandatory minimum of 7 days in jail and a $500 fine
The court also revokes the license for six months. If the court grants probation or suspends the sentence, the order includes a 60-day license revocation and a $500 fine. If the test result was .15 or more, the revocation is one year.
What changes with repeat offenses
In Iowa, a second OWI is an aggravated misdemeanor with at least seven days in jail. A third or later OWI is a class "D" felony (Iowa Code section 321J.2).
In Nebraska, a "prior conviction" means one for a violation committed within the 15 years before the new offense (Neb. Rev. Stat. § 60-6,197.02). A second or third DUI is still a Class W misdemeanor, but the license revocation is 18 months for a second and can be 15 years for a third. With three prior convictions, the charge is a Class IIIA felony (§ 60-6,197.03).
Both states count convictions from other states. An old Nebraska DUI can make a new Iowa OWI a second offense, and the same is true the other way.
If you live in one state and are charged in the other
The criminal case stays in the state where the arrest happened. An Iowa OWI charge from Sioux City is heard at the Woodbury County Courthouse. A Nebraska DUI charge from South Sioux City is heard at the Dakota County Courthouse in Dakota City.
Your home state license can still be affected. When Nebraska revokes a nonresident's driving privilege, § 60-498.02 directs the DMV to send the license and the revocation order to the person's home state. Nebraska has also adopted the Driver License Compact. Under it, member states report convictions to the driver's home state, and the home state treats a DUI conviction as if it happened at home. Iowa Code section 321C.1 sets out the same compact terms for Iowa.
Attorneys Thomas A. Fitch and Robert J. Stahle are both licensed in Iowa and Nebraska. Our office serves Sioux City, Iowa and South Sioux City, Nebraska.
Frequently asked questions
Is an OWI worse than a DUI?
No. They are two names for the same kind of charge. The penalties depend on which state charged you, your test result, and your record.
Can I be charged if the car was parked?
In some cases. Nebraska law covers being in "actual physical control" of a vehicle, and Iowa law covers "operating" one, which is broader than driving.
How long do I have to fight the license revocation?
In Iowa, a hearing request is due within 10 days after you receive the notice of revocation. In Nebraska, the petition is due within 10 days after the arrest in most cases.
Talk with a lawyer
If you were charged with OWI in Iowa or DUI in Nebraska, the license deadlines start right away. For a DUI lawyer near Sioux City, call Fitch & Stahle Law Office at (402) 494-3012 to talk with a lawyer about your situation, or contact us. Se habla español.
This article is general information, not legal advice. Laws change, and every case is different. Talk with a lawyer about your own situation.