1. A person commits a class “B” felony when the person unintentionally causes the death
of another by operating a motor vehicle while intoxicated, as prohibited by section 321J.2.
1A. Upon a plea or verdict of guilty of a violation of subsection 1, the defendant shall
surrender to the court any Iowa license or permit and the court shall forward the license or
permit to the department with a copy of the order of conviction. Upon receipt of the order
of conviction, the department shall revoke the defendant’s driver’s license or nonresident
operating privilege for a period of six years. The defendant shall not be eligible for a
temporary restricted license for at least two years after the revocation.
1B. Upon a plea or verdict of guilty of a violation of subsection 1, the court shall order the
defendant, at the defendant’s expense, to do the following:
a. Enroll, attend, and satisfactorily complete a course for drinking drivers, as provided in
section 321J.22.
b. Submit to evaluation and treatment or rehabilitation services.
1C. A driver’s license or nonresident operating privilege shall not be reinstated until proof
of completion of the requirements of subsection 1B is presented to the department.
1D. Where the program is available and appropriate for the defendant, the court shall also
order the defendant to participate in a reality education substance use disorder prevention
program as provided in section 321J.24.
2. A person commits a class “C” felony when the person unintentionally causes the death
of another by any of the following means:
a. Driving a motor vehicle in a reckless manner with willful or wanton disregard for the
safety of persons or property, in violation of section 321.277.
(1) For purposes of this paragraph “a”, a person’s use of an electronic device while driving
a motor vehicle shall be considered prima facie evidence that the person was driving the
motor vehicle in a reckless manner with willful or wanton disregard for the safety of persons
or property, in violation of section 321.277.
(2) Subparagraph (1) does not apply to any of the following:
(a) A person using an electronic device in a voice-activated or hands-free mode.
(b) A person listed in section 321.276, subsection 2, paragraph “b”.
(3) For purposes of this paragraph “a”, the following definitions apply:
(a) “Electronic device” means the same as defined in section 321.276.
(b) “Use” means the same as defined in section 321.276.
(c) “Voice-activated or hands-free mode” means the same as defined in section 321.276.
b. Eluding or attempting to elude a pursuing law enforcement vehicle, in violation of
section 321.279, if the death of the other person directly or indirectly results from the
violation.
c. Exceeding a speed limit established or lawfully posted pursuant to section 262.68,
section 321.236, subsection 5 or 11, section 321.236, subsection 13, paragraph “a”, section
321.285, section 321.288, subsection 2, paragraph “f”, or section 321.289, 321.290, 321.293,
321.295, or 461A.36, by twenty-five miles per hour or more, if the violation is the proximate
cause of the death of the other person. This paragraph does not apply to a member of a
public safety agency, as defined in section 34.1, performing official duties.
3. A person commits a class “D” felony when the person unintentionally causes the death
of another while drag racing, in violation of section 321.278.
4. A person commits a class “D” felony when the person unintentionally causes a serious
injury, as defined in section 702.18, by any of the means described in subsection 1 or 2.\n\nTue Dec 09 21:56:41 2025 Iowa Code 2026, Chapter 707 (30, 1)
§707.6A, HOMICIDE AND RELATED CRIMES 4\n\n 5. As used in this section, “motor vehicle” includes any vehicle defined as a motor vehicle
in section 321.1.
6. Except for the purpose of sentencing under section 321J.2, subsections 3, 4, and 5, a
conviction or deferral of judgment for a violation of this section, where a violation of section
321J.2 is admitted or proved, shall be treated as a conviction or deferral of judgment for a
violation of section 321J.2 for the purposes of chapters 321, 321A, and 321J, and section 907.3,
subsection 1.
7. Notwithstanding the provisions of sections 901.5 and 907.3, the court shall not defer
judgment or sentencing, or suspend execution of any part of the sentence applicable to the
defendant for a violation of subsection 1, or for a violation of subsection 4 involving the
operation of a motor vehicle while intoxicated.
86 Acts, ch 1220, §41; 89 Acts, ch 211, §1; 90 Acts, ch 1251, §55; 94 Acts, ch 1069, §2; 97
Acts, ch 177, §26 – 28; 98 Acts, ch 1073, §9; 2010 Acts, ch 1097, §12; 2010 Acts, ch 1124, §3,
9; 2011 Acts, ch 34, §145; 2017 Acts, ch 76, §1; 2021 Acts, ch 131, §1; 2023 Acts, ch 19, §1299;
2025 Acts, ch 14, §13
Referred to in §321.208, 321.210D, 321.555, 321J.10, 331.802, 707.8, 811.1, 902.12, 907.3, 910.3A, 915.80
See also penalties applicable under §707.5, 707.8, and 708.2
Subsection 2, paragraph a, subparagraphs (1), (2), and (3) stricken and rewritten
\n
Notes of Decisions
State of Iowa v. Jonathan Q. Adams, 810 N.W.2d 365 (Iowa 2012).
· cites it 114× “Accordingly, the court of appeals vacated the OWI judgment and remanded for resentencing.”
State v. Dohlman, 725 N.W.2d 428 (Iowa 2006).
· cites it 24× “1 (2) (providing a defendant appealing a conviction for a class “B” felony under section 707.6A shall not be admitted to bail during the pendency of the appeal).”
State v. Dalton, 674 N.W.2d 111 (Iowa 2004).
· cites it 16× “In support of his claim, Dalton alleges the trial information only references Iowa Code section 707.6A and does not specify the subsection under which *120 Dalton was ultimately convicted.”
State of Iowa v. Orlando David Rodriguez, 804 N.W.2d 844 (Iowa 2011).
· cites it 12× “On October 29, 2009, the State’s trial information charged both brothers with Count I: homicide by vehicle-OWI, a class “B” felony in violation of Iowa Code section 707.6A(1) (2009); Count II: homicide by vehicle-reckless, a class “C” felony in violation of Iowa Code section 707.”
State v. Sutton, 636 N.W.2d 107 (Iowa 2001).
· cites it 16× “Willert assisted Butler in retrieving the child from the undercarriage of the vehicle. Emergency help was summoned.”
State v. Kolbet, 638 N.W.2d 653 (Iowa 2001).
· cites it 26× “The information filed against defendant charged in the alternative the commission of the offense of homicide by vehicle caused by operating while intoxicated, a class “B” felony, in violation of subpara-graph (1) of Iowa Code section 707.6A and the offense of homicide by vehicle…”
State v. Hernandez-Lopez, 639 N.W.2d 226 (Iowa 2002).
· cites it 6× “The trial information charged Esquivel with two counts of vehicular homicide: (1) vehicular homicide in violation of section 707.6A(1) by operating a motor vehicle under the influence of alcohol; and (2) vehicular homicide in violation of section 707.”
State v. Izzolena, 609 N.W.2d 541 (Iowa 2000).
· cites it 12× “Izzolena was charged with vehicular homicide under section 707.6A(1) and 707.6A(2)(a). She waived her right to a trial by jury and agreed to a bench trial on stipulated evidence.”
State v. Schultz, 604 N.W.2d 60 (Iowa 1999).
· cites it 13× “Section 707.6A makes it a crime to unintentionally cause the death of another *63 by means which include operating a motor vehicle while under the influence of alcohol or having an alcohol concentration level in excess of the statutory amount.”
State v. Wissing, 528 N.W.2d 561 (Iowa 1995).
· cites it 10× “He claims counsel failed to secure the appropriate jury instruction regarding intervening and superseding causes and that counsel should have moved to dismiss the involuntary manslaughter charge because, by adopting Iowa Code section 707.6A, the legislature impliedly repealed…”
State v. Comried, 693 N.W.2d 773 (Iowa 2005).
· cites it 6× “Comried was charged with vehicular homicide while intoxicated in violation of Iowa Code section 707.6A(1), which states: “A person commits a class ‘B’ felony when the person unintentionally causes the death of another by operating a motor vehicle while intoxicated, as prohibited…”
— Iowa Code § 707.6A(1) — 41 cases
State v. Dohlman, 725 N.W.2d 428 (Iowa 2006).
“1 (2) (providing a defendant appealing a conviction for a class “B” felony under section 707.6A shall not be admitted to bail during the pendency of the appeal).”
State v. Comried, 693 N.W.2d 773 (Iowa 2005).
“Comried was charged with vehicular homicide while intoxicated in violation of Iowa Code section 707.6A(1), which states: “A person commits a class ‘B’ felony when the person unintentionally causes the death of another by operating a motor vehicle while intoxicated, as prohibited…”
— Iowa Code § 707.6A(1)(a) — 4 cases
— Iowa Code § 707.6A(1)(b) — 1 case
— Iowa Code § 707.6A(1)(c) — 1 case
— Iowa Code § 707.6A(2) — 8 cases
State v. Dalton, 674 N.W.2d 111 (Iowa 2004).
“In support of his claim, Dalton alleges the trial information only references Iowa Code section 707.6A and does not specify the subsection under which *120 Dalton was ultimately convicted.”
State of Iowa v. Orlando David Rodriguez, 804 N.W.2d 844 (Iowa 2011).
“On October 29, 2009, the State’s trial information charged both brothers with Count I: homicide by vehicle-OWI, a class “B” felony in violation of Iowa Code section 707.6A(1) (2009); Count II: homicide by vehicle-reckless, a class “C” felony in violation of Iowa Code section 707.”
State v. Hernandez-Lopez, 639 N.W.2d 226 (Iowa 2002).
“The trial information charged Esquivel with two counts of vehicular homicide: (1) vehicular homicide in violation of section 707.6A(1) by operating a motor vehicle under the influence of alcohol; and (2) vehicular homicide in violation of section 707.”
— Iowa Code § 707.6A(2)(6) — 1 case
— Iowa Code § 707.6A(2)(A) — 1 case
— Iowa Code § 707.6A(2)(a) — 19 cases
State v. Sutton, 636 N.W.2d 107 (Iowa 2001).
“Willert assisted Butler in retrieving the child from the undercarriage of the vehicle. Emergency help was summoned.”
State v. Dohlman, 725 N.W.2d 428 (Iowa 2006).
“1 (2) (providing a defendant appealing a conviction for a class “B” felony under section 707.6A shall not be admitted to bail during the pendency of the appeal).”
State of Iowa v. Orlando David Rodriguez, 804 N.W.2d 844 (Iowa 2011).
“On October 29, 2009, the State’s trial information charged both brothers with Count I: homicide by vehicle-OWI, a class “B” felony in violation of Iowa Code section 707.6A(1) (2009); Count II: homicide by vehicle-reckless, a class “C” felony in violation of Iowa Code section 707.”
State v. Izzolena, 609 N.W.2d 541 (Iowa 2000).
“Izzolena was charged with vehicular homicide under section 707.6A(1) and 707.6A(2)(a). She waived her right to a trial by jury and agreed to a bench trial on stipulated evidence.”
State v. Dalton, 674 N.W.2d 111 (Iowa 2004).
“In support of his claim, Dalton alleges the trial information only references Iowa Code section 707.6A and does not specify the subsection under which *120 Dalton was ultimately convicted.”
— Iowa Code § 707.6A(3) — 3 cases
— Iowa Code § 707.6A(4) — 24 cases
State v. Dohlman, 725 N.W.2d 428 (Iowa 2006).
“1 (2) (providing a defendant appealing a conviction for a class “B” felony under section 707.6A shall not be admitted to bail during the pendency of the appeal).”
State v. Kolbet, 638 N.W.2d 653 (Iowa 2001).
“The information filed against defendant charged in the alternative the commission of the offense of homicide by vehicle caused by operating while intoxicated, a class “B” felony, in violation of subpara-graph (1) of Iowa Code section 707.6A and the offense of homicide by vehicle…”
— Iowa Code § 707.6A(6) — 1 case
State v. Schultz, 604 N.W.2d 60 (Iowa 1999).
“Section 707.6A makes it a crime to unintentionally cause the death of another *63 by means which include operating a motor vehicle while under the influence of alcohol or having an alcohol concentration level in excess of the statutory amount.”
— Iowa Code § 707.6A(7) — 2 cases
— Iowa Code § 707.6A(l)(a) — 7 cases
— Iowa Code § 707.6A(l)(b) — 6 cases
— Iowa Code § 707.6A(l)(c) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.