owi civil penalties
driver's license suspension

Gourley, Rehkemper & Lindholm PLC

Civil Penalties (License Suspensions) -
Imposed by the Department of Transportation

• With the exception of the court imposed barrment for a third offense, an individual's driving privileges are suspended by the Department of Transportation based solely upon a determination of whether the individual consented to chemical testing indicating an alcohol concentration in excess of .08 or refused chemical testing.
• For purposes of determining second or subsequent offenses the Department of Transportation looks back 12 years to determine if there has been a prior suspension for a violation of drinking-driving statutes. Prior .02 violations by minors are counted as prior suspensions for these purposes.

Test "Failures"

First Offense:

180 day revocation

• Eligible for temporary license immediately as long as there was not an accident causing personal injury or property damage and you blew under .15.
• Must wait 30 days for temporary license if you blew over .15 or an accident occurred.
• Must get an ignition interlock device installed if BAC is greater than .10 or an accident occurred if you want to get a temporary license.
• Ignition interlock devices must be put on all vehicles owned and operated by a person seeking a temporary license.

Second or Subsequent Offenses:

1 year revocation

• Not eligible for a temporary license for 1 year

Test "Refusals"

First Offense:

1 year revocation

• Must wait 90 days for temporary license and must install an ignition interlock device.

Second or Subsequent Offenses

2 year revocation

• Eligible for temporary license after 1 year but must get ignition interlock device.

Revocation Upon Conviction if Not Revoked Otherwise:

First Offense

180 days

• Temporary license and ignition interlock restrictions and requirements are the same as if revoked administratively for both test failures and refusals

Subsequent Offenses

2 years

• Same requirements and restrictions for temporary license and blow and go as if revoked administratively for both test failures and refusals.

Commercial Driver's License (CDL)

First Offense

One year regardless of whether person is operating a private or commercial vehicle at the time of the offense.

• Requires conviction or final administrative decision that individual was operating while intoxicated or refused testing.

Second Offense

Lifetime ban from operating a commercial vehicle which may be reduced to ten years pursuant to applicable federal law.

Revocations

when a deferred judgment is entered and no earlier revocation

Revocation for 30-90 days

• Requirements and restrictions for temporary license and ignition interlock device are the same as for an administrative revocation for a first offense.

Court Ordered Revocation

These are in addition to previously mentioned administrative and court ordered revocations:

Third and Subsequent Offenses

6 year revocation

• Eligible for temporary license after 2 years but must get ignition interlock device.

Any level of offense causing personal injury

Additional 1 year

• Does not affect timing of temporary license eligibility but must get ignition interlock device.

Any level of offense causing death

6 years

• Eligible for a temporary license after 2 years but must get ignition interlock device.

Zero Tolerance revocations/Under 21 years of age

.02 to .08 Test Failure

60 days for first offense

90 days for subsequent offenses

Refusals

1 year for first offense

2 years for subsequent offenses

• Never eligible for a temporary license under zero tolerance statute

Iowa DOT Treatment of Out of State Conviction

If you are licensed in the State of Iowa and receive a dui/owi in another state, upon getting the required notification, the Iowa Department of Transportation will take action against your license as if the offense occurred within this State. The Iowa DOT will take administrative action based upon notification of administrative action by the State where the offense occurred.