A slew of new laws recently took effect this week in Iowa following the 2019 Legislative Session.

One of the new laws allows motorists who are convicted of their third or subsequent offense for an OWI to go to prison for up to 15 years for a Class D Felony. Greene County Attorney Thomas Laehn says the change in the law was in response to an Iowa Supreme Court decision that didn’t allow for a felony OWI conviction to qualify for the habitual offender enhancement. He points out the change was called “The Noll Fix,” alluding to the Supreme Court case. 

Laehn explains, the change allows for more leverage to be used when prosecuting a case.

“One very common tactic during plea negotiations is that the state would agree to drop or dismiss the habitual offender enhancement, if the person agrees to go to prison for five years on the D Felony.”

Laehn adds that the change now brings third or subsequent OWIs felonies in line with other third or subsequent felonies that are committed in the state.

“When people drink and drive they put the lives and property of others at risk and that’s unacceptable. A person who commits an OWI third or subsequent offense commits a felony, and there shouldn’t be any special exceptions or privileges granted to OWI felonies over other felonies committed in our county.”

The new law started July 1st.