In Iowa, a person can have their driver’s license taken from them in a number of ways. For example, a person can be suspended for non-payment of fines, revoked for an operating while intoxicated test refusal or result over the legal limit of drugs and/or alcohol, or barred for other serious violations.
It’s important to note that being suspended, revoked, or barred all carry special meanings under Iowa law.
A suspension means that you have lost your permission from the Iowa Department of Transportation to drive for a certain period of time. Typically, you are looking at a suspension for things like multiple traffic violations, false use of a license, or unpaid fines. Driving while suspended is a simple misdemeanor in Iowa under Iowa Code section 321.218, which can carry a fine of $250 up to $1,500 and up to 30 days in jail.
A revocation means that the DOT has revoked your permission to drive because you have been convicted of a certain category of crime. For example, operating while intoxicated, multiple convictions for reckless driving, and eluding charges cause a revocation in Iowa. Driving While Revoked is a more serious offense that driving while suspended. For example, driving while revoked for an OWI under Iowa Code section 321J.21 is a serious misdemeanor and carries a minimum fine of $1,000 and up to 1 year in the county jail.
A bar means that the DOT have declared you a persistent violator of motor vehicle laws for multiple serious violations of the law. You can be barred for, among other things, being considered a “Habitual Offender” of the traffic laws. Getting caught driving while barred is an aggravated misdemeanor and carries up to two years in prison. A bar of your license typically lasts from 2-6 years.
Two of the more common types of driving privilege loss we see in our office are habitual offender bars and habitual violator suspensions. They are not the same!
So what’s the difference between being a “Habitual Violator” and a “Habitual Offender?”
Being a habitual violator carries a license suspension while being a habitual offender is a bar of your privilege to operate a vehicle. A habitual offender status is typically considered more serious.
Being a “Habitual Violator” means you have been convicted of, or pled guilty to, three or more countable moving violations (including out-of-state violations) that were committed within a 12-month period. The DOT only considers moving violations which are “countable.” Countable moving violations include all moving violations except the first two speed convictions within a 12-month period which occur in speed zones between 34 mph and 56 mph and you were convicted of speed 10 mph or less over the posted speed limit. A moving violation is defined to include all violations not specifically excluded by Iowa Code § 321.210. (Examples: parking violations, failure to appear for court, equipment violations, registration violations, or disturbing the peace with a motor vehicle). The suspension periods are as follows:
Convictions Suspension
3 convictions in 12 months 90 days
4 convictions in 12 months 120 days
5 convictions in 12 months 150 days
6 convictions in 12 months 180 days
7 or more convictions in 12 months 1 year
OK, so how do you get a bar for “Habitual Offender” status?
Habitual offender bars apply a point-system. You may be ruled a habitual offender if you are convicted of three or more certain violations in a six-year period.
Your operating privileges may be barred in accordance with the following point system:
Conviction Points
- Perjury or making a false statement under oath to the Department of Public Safety ………………………………2
- Driving while under suspension, revocation, or denial ………………………………………………………………………..2
- Driving while under an alcohol or drug-related revocation…………………………………………………………………..3
- Driving while barred…………………………………………………………………………………………………………………………..4
- Driving while under the influence of alcohol or a drug or having an alcohol concentration of .08 or more…………………………………………………………………………………………………………………………………………………4
- An offense punishable as a felony under motor vehicle laws or any felony in which a motor vehicle was used………………………………………………………………………………………………………………………………………………….5
- Failure to stop and leave information or render aid at an accident site …………………………………………………5
- Eluding or attempting to elude law enforcement………………………………………………………………………………..5
- Serious injury caused by the operation of a motor vehicle …………………………………………………………………..5
- Manslaughter resulting from the operation of a motor vehicle ……………………………………………………………6
Points Length of Bar
6-7 2 Years
8-9 3 Years
10-12 4 Years
13-15 5 Years
16 + 6 Years
Another way you may be considered a habitual offender is if you are convicted of six or more moving violations within two years. If the six moving violations include speeding, the speeds must be at least 15 mph over the legal speed limit in order for the DOT to count them. This type of suspension may result in you being barred from operating a vehicle for one year.
These certainly are not the only means that a person can face a license “revocation.” The laws surrounding driving and driving privileges are complicated. The terms suspension, revocation, bar, habitual violator, and habitual offender are confusing for every day folks and are often confused by attorneys as well. Some of these suspensions and punishments can be lessened by an attorney who knows the in’s and out’s of driving laws. If you find yourself faced with a suspension, revocation, or bar, it is important to immediately seek the advice of a knowledgeable criminal defense attorney who is experienced in dealing with the Department of Transportation.
