DOT Rescinds Revocation for Out-of-State Conviction

The criminal defense attorneys at GRL Law save yet another Iowa driver from a revocation for an out-of-state conviction.

The State of Minnesota has a “zero tolerance” DUI law when it comes to underage drivers.  Essentially, any proof of alcohol consumption while driving is evidence enough.  A breath alcohol reading just above zero?  Yes, that would do it.

The Iowa DOT received a report of this Minnesota DUI conviction and took steps to impose a revocation on our client’s record.

One problem.

Iowa doesn’t have a substantially equivalent “zero tolerance” law so a conviction alone didn’t trigger a mandatory revocation.

There is, however, an administrative “0.02 violation” in Iowa.  That provides a license revocation with evidence of breath alcohol between 0.02 and 0.08 percent breath alcohol.

We produced evidence that our client tested only 0.019 percent, which is not enough to revoke him had it occurred in Iowa.