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Code Section
321J.2, et seq.

BAC Legal Limit
.08% BAC; under age 21, .02% BAC

Rehabilitation Required?
1st: may be ordered to attend a course for drinking drivers; 1st if BAC is over .20% or 2nd: must undergo substance abuse evaluation prior to sentencing; 3rd offense or if evaluation recommends treatment: may be assigned to facility by director of corrections dept. Note that any portion of sentence for 2nd, 3rd, or subsequent offense may be served as inpatient treatment for alcoholism or drug addiction or dependency

Driver’s License Suspension?
1st: 180 days (if deferred or suspended sentence: 30-90 days); 2nd within 6 yrs.: 1 yr.; 3rd or subsequent: 6 yrs. (can apply for restoration after 2 yrs.)

Other Penalties
1st: serious misdemeanor, $500-1000 and min. 48 hrs. jail; 2nd: aggravated misdemeanor, min. $1500-5000 and min. 7 days jail; 3rd and subsequent: Class D felony, min. $2500-7500 and 30 days to 5 yrs. jail

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