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Upcoming Changes in Iowa’s OWI Driver’s License Suspensions 

The following changes will become effective July 1, 2010

• Effective July 1, 2010, all requests for temporary restricted licenses will have to go through the Department of Transportation.

• There will be no Court Ordered restricted licenses.

Changes to Second Offense Restricted License Eligibility

Test Failure: 1 year revocation

• 45 Day Hard Suspension - Eligible for restricted license after 45 days hard suspension.

• Must have ignition interlock device installed on all vehicles owned and operated by a person seeking a temporary restricted license.

Test Refusal: 2 year revocation

• 90 Day Hard Suspension - Eligible for temporary license after 90 days and must have ignition interlock device

Work Permit for 2nd Offense OWI’s

Effective July 1, 2010, individuals who have had their driver’s license suspended for operating while intoxicated, second offenses, will be eligible for temporary restricted licenses.

The overall license suspensions will remain the same: 1 year for test “failure” and 2 years for test “refusal” but a work permit will now be a possibility. For a test “failure” the individual will be eligible for a work permit after a 45 day hard suspension. For a test “refusal” the individual will be eligible for a work permit after a 90 day hard suspension.

Application for the work permit must be made to the Iowa Department of Transportation after the hard suspension time is up. The individual is still required to file proof of SR-22 insurance, install an ignition interlock device, and pay a civil penalty of $200. The verification form must also be completed by an employer. Unlike other restricted licenses, the work permit for second offenses is only for traveling to and from work. There is no provision for secondary education, medical appointments or probation appointments. It is simply to get to and from work.

Iowa Commercial Driver’s License’s and OWI

Failure to fully and fairly advise an individual arrested for operating while intoxicated violates due process and requires suppression of the chemical breath test result.  Due Process still applies to operating while intoxicated arrests!!!

On February 29, 2008, a hard-fought victory was won by drivers of private motor vehicles that also possessed commercial driver’s license endorsements at the time they are stopped and arrested for operating while intoxicated.   The Iowa Supreme Court in the case of State of Iowa vs. Codey Massengale, ruled that the failure to advise an individual that holds a CDL that his/her impending decision regarding submitting to or refusing chemical testing when arrested for operating a private motor vehicle while intoxicated violated due process.  The Court found that the failure to advise drivers of these consequences did not fit the underlying purpose of the statutorily required implied consent advisory which is to provide the individual sufficient information to make a knowing and intelligent decision regarding the breath test.

This issue was first raised back on August 17, 2006 when Judge Russell granted Mr. Massengale’s motion to suppress evidence in the underlying criminal prosecution.  The State of Iowa appealed his ruling and nearly a year and a half later the Iowa Supreme Court has resolved this issue in favor of the drivers.  Interestingly enough, following Judge Russell’s initial ruling, the Iowa Legislature amended the implied consent advisory statute to require the advisory that Mr. Massengale contended should have been given to him.  That statute went into effect on July 1, 2007, but because Mr. Massengale’s case occurred prior to the statute being adopted, the Iowa Supreme Court was required to rule on this issue as a constitutional issue.

Bottom line, it was a hard-fought victory, but due process does still apply even to individuals arrested for operating while intoxicated.

The entire decision can be viewed at:
http://www.judicial.state.ia.us/Supreme_Court/Recent_Opinions/20080229/06-1466.pdf?search=Massengale#_1

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From our offices in Des Moines, Iowa, we give high-quality representation to people throughout the State of Iowa, including Polk, Warren, Dallas, Boone, Story, and Marion counties, and the cities of Des Moines, Ames, Indianola, Adel, Boone, Nevada, Urbandale, West Des Moines, Waukee, and Knoxville