Iowa DUI License Suspensions

When you drive in Iowa, you have already given your consent to be tested for drugs or alcohol if an officer suspects that you are under the influence. Even if you are not ultimately charged with drunk driving, a refusal to give the police officer a sample when requested can result in the loss of your driver's license.

Iowa Implied Consent Law Explained

Any person who operates a motor vehicle in this state, under circumstances which give reasonable grounds to believe that the person has been operating a motor vehicle under the influence, is deemed to have given his/her consent to withdrawal and testing of samples of their blood, breath, or urine for the purpose of determining the presence of alcohol and/or drugs. In order to test samples of the blood, breath, or urine of an OWI suspect, a peace officer must have reasonable grounds to believe that the person was OWI, must make a written request, and any one of the following conditions must exist: (1) the person was placed under lawful arrest for OWI; (2) the person was involved in a motor vehicle accident or collision resulting in personal injury or death; (3) the person refused to take a preliminary breath test; (4) a preliminary breath test was taken and the results indicate a BAC above .08 (or between .02 - .08 if under the age of 21, or above .04 if commercial driver); OR (5) a preliminary breath test was administered and it indicated a BAC result under the legal limit, and the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug.

Iowa DUI Implied Consent Rights Advisement

A person who has been requested to submit to a chemical test must be advised by the officer of the following:

(1) That if the person refuses to submit to the test, their driver's license or nonresident operating privilege will be revoked by the department (see below for the duration of the suspension periods).
(2) That if the person submits to the test and the results indicate the presence of a controlled substance or other drug, or an alcohol concentration equal to or in excess of .08, the person's driver's license or nonresident operating privilege will be revoked by the department (see below for suspension periods).
(3) That if the person is operating a commercial motor vehicle and either refuses to submit to the test or submits to the test and the results indicate an alcohol concentration of 0.04 or more, the person is disqualified from operating a commercial motor vehicle for the applicable period, in addition to any revocation of the person's driver's license or nonresident operating privilege which may also apply.
(4) That if the person is operating a noncommercial motor vehicle and holding a commercial driver's license and either refuses to submit to the test or operates a motor vehicle while under the influence of an alcoholic beverage or other drug or controlled substance or a combination of such substances, the person is disqualified from operating a commercial motor vehicle for the applicable period in addition to any revocation of the person's driver's license or nonresident operating privilege which may also apply.

Iowa DUI Administrative License Penalties

FIRST OFFENSE CHEMICAL TEST REFUSAL - One year license revocation (eligible for temporary restricted license after 90 days of revocation if ignition interlock device is installed).

SECOND OR SUBSEQUENT OFFENSE CHEMICAL TEST REFUSAL - 2 years license revocation (eligible for temporary license after 1 year of revocation if ignition interlock device is installed).

CHEMICAL TEST "FAILURE" - 180 day license revocation for first offense; 1 year license revocation for second or subsequent offense

MINORS UNDER THE AGE OF 21 - 60 day license revocation for first offense; 90 day license revocation for second or subsequent offense

Iowa OWI Temporary Restricted Licenses

BAC BETWEEN .08 AND .10 - immediately eligibility for temporary restricted license and no ignition interlock requirement

BAC BETWEEN .08 and .10 - ACCIDENT PERSONAL INJURY/PROPERTY DAMAGE - eligible for temporary restricted license after 30 days of revocation with ignition interlock device

BAC MORE THAN .10 - ACCIDENT PERSONAL INJURY/PROPERTY DAMAGE - eligible for temporary restricted license after 30 days with ignition interlock device

BAC UNDER .15 - immediate eligible for temporary restricted license with ignition interlock device

BAC MORE THAN .15 - eligible for temporary restricted license after 30 days with ignition interlock device

MINORS UNDER THE AGE OF 21 - eligible for temporary restricted license after 60 days of revocation

Iowa OWI Administrative License Suspension Process

Any license revocation will go into effect 10 days following the date the department mails notice of the revocation to the defendant. The police officer may serve immediate notice of intention to revoke and revocation to the defendant who refuses chemical testing or if a test result indicating the illegal presence of alcohol or drugs is available. In those instances, the police officer will confiscate the person's driver's license and issue a temporary license that will be valid for 10 days. The officer will send the person's license and certificate indicating that a refusal occurred to the department. In order to obtain a temporary license, the defendant must first install an ignition interlock device on all vehicles owned or operated by the defendant.

Iowa OWI Administrative Suspension Hearings

A hearing with the department of motor vehicles may be requested to contest the revocation of a driver's license for a chemical test refusal or failure. The request for a hearing must be made within 10 days following the date of receipt of the notice of revocation. Once requested, the department must hold a hearing within 45 days of the request in the county where the alleged events occurred, unless a phone conference is permitted. At the hearing, the only issues are whether the police had reasonable grounds to believe that the person was operating a motor vehicle under the influence, and whether the person refused to submit to the test or tests, or whether a test was administered and the results indicated a prohibited BAC level, or whether a test was administered and the test results indicated the presence of alcohol, a controlled substance or other drug, or a combination of alcohol and another drug.

After the hearing, the department will order the revocation to be rescinded or sustained. If the revocation is sustained, the defendant may file a request for review within 10 days. The director or the director's designee shall review the decision within thirty days and will either rescind or sustain the revocation or order a new hearing.  If the director orders a new hearing, it must take place within 20 of the director's order.

If the defendant can show that new material evidence exists and there were valid reasons the evidence was not presented at the first hearing, the department will stay the revocation until a new hearing can be held.

The defendant's license revocation will be rescinded if the department fails to comply with the time limitations under which a hearing must be held. Furthermore, if the Criminal Court finds in the defendant's criminal case that (1) the peace officer did not have reasonable grounds to believe that an OWI violation occurred to support a request for or to administer a chemical test; or (2) the chemical test was otherwise inadmissible or invalid, the license revocation will be rescinded and the person's full driving privileges will be reinstated.