Driving is a privilege that can be restricted by the State of Iowa. An offender generally has a right to an administrative hearing if requested. Suspensions can affect your ability to reinstate a license and generally result in higher insurance rates. Offenses remain on your driving record for five (5) years, but operating while intoxicated (OWI) revocations remain on your record for twelve (12) years. Dates of the offenses, not the dates of convictions are considered when determining time periods.
There are several reasons why a driver’s license can be suspended, including accumulating to many points on your driving record within the last six (6) years. Points accumulate as follows:
q Making a false statement to Iowa Department of Public Safety = 2 points
q Driving while license suspended, denied or revoked = 2 points
q Driving after license revoked for alcohol or drug offense = 3 points
q Driving while barred = 4 points
q Operating while intoxicated (OWI) = 4 points
q Felony under motor vehicle laws or felony in which motor vehicle used = 5 points
q Leaving scene or failing to offer help at accident site = 5 points
q Eluding or attempting to elude = 5 points
q Causing serious injury with operation of vehicle = 5 points
q Manslaughter resulting from operation of vehicle = 6 points
Your license can also be revoked according to the point system:
q 6-7 points = 2 years
q 8-9 points = 3 years
q 10-12 points = 4 years
q 13-15 points = 5 years
q 16 or more points = 6 years
Medical or physical condition impairing driving ability
q Drivers may be required to have a medical evaluation if problems are observed during the licensing process, involved in an at-fault accident involving a fatality, or involved in multiple accidents that involve loss of consciousness.
q Evaluations are made by the Independent Medical Advisory Board that later recommends based on the medical record.
q An individual cannot be licensed if he has had a loss of consciousness in the last six (6) months, but it could be waived on recommendation of the Medical Advisory Board in limited circumstances.
q Licenses may only be granted for a two (2) year period and a medical review is required after six (6) months.
q The driver may request an administrative hearing if privileges were suspended or restricted for medical conditions or functional impairments.
Habitual violator
q Barred two to six (2 – 6) years if convicted of three (3) or more of any combination of the following offenses during a six (6) year period: manslaughter with motor vehicle, conviction for operating while intoxicated (OWI), conviction for driving while suspended/revoked/barred, eluding or attempting to elude, failure to stop and leave information or render aid at scene of accident.
q Even if points are not earned, you can still be declared a habitual offender and barred for one (1) year if you have six (6) moving violations in a two (2) year period. I.C.A. §321.555(2).
q Speeding tickets count if they are for at least fifteen (15) mph over the speed limit.
q Tickets for seat belt, child restraint, or parking violations not considered.
Driver Improvement School
q Three (3) or more countable moving violations (or speeding 25-29 mph over the limit) may require a driver improvement school to keep driving privileges.
q After completion of school, you may be placed on probation for one year.
q If a moving violation ticket is received during the probation period, your license will be suspended.
q Schools are available at community colleges.
q Failure to complete the school will result in suspension.
q Driver Improvement required for drivers age seventeen (17) years and younger and convicted of one moving violation or contributed to auto accident.
Minors
q A minor’s school license can be suspended for one moving violation or evidence of one or more chargeable accidents.
q The license can also be suspended if the Iowa Department of Transportation (DOT) receives written notice from a peace officer, parent (custodian or guardian), school superintendent (or designee) states that licensee violated restrictions of license.
q Suspension is for at least thirty (30) days. Iowa Administrative Code Rule 615.21.
q Under age eighteen (18), and ruled delinquent for violating drug and alcohol laws.
Driving While Denied, Canceled, Suspended, or Revoked
q This offense is a simple misdemeanor (potential maximum of imprisonment not to exceed thirty (30) days and a fine of $65.00 – 625.00 (updated annually, see I.C.A. § 903.1)). Additional to any other penalties, a fine of not less than $250.00 - $1500.00 is imposed. A sentence under I.C.A. § 321.218 for operating without a valid driver’s license or when disqualified shall not be suspended. In addition, penalties for other motor vehicle offenses may be doubled if they were committed while driving while suspended. You can also be barred from driving if convicted of driving under suspension. I.C.A. § 321.218 and 321A.32 (1).
q Often if the offender obtains a license before his/her court date, the judge will dismiss the charge without a conviction. Therefore, it is important that an offender obtains at least a temporary restricted permit prior to his/her court date.
Reinstatement of License
To reinstate a license, you will need to send or deliver to the Iowa Office of Driver Services, Park Fair Mall, 100 Euclid Ave., PO Box 9204, Des Moines, IA 50306-9204:
q Payment of civil penalty of $200.00 (for persons nineteen (19) or under the penalty is $50.00) payable by cash, check, or money order payable to Treasurer of State of Iowa, unless only privilege to operate commercial vehicles is involved.
q Proof of financial responsibility, unless only privilege to operate commercial vehicles is involved, or under age twenty-one (21) and your blood alcohol concentration (BAC) was .02-.08. Usually this involves a filing of SR-22 High Risk Insurance showing at least $55,000.00 coverage. Financial responsibility can also be met by posting security of $55,000.00 payable by certified check, cashier’s check, money order, or surety bond. The filing must be maintained for two (2) years.
q Proof of completion of drinking drivers course if required or other drivers training if required.
q Proof of substance evaluation and treatment if required.
The office of Iowa Office of Driver Services will then send a notice ending the driver revocation/disqualification. This notice must be taken to the driver examiners office, and after passing both written and driving exams, paying reinstatement fees, and paying fees for the new license, a new license will be issued.
Temporary Restricted License / Work Permit
q If your license is revoked and are older than eighteen (18), a temporary restricted license might be issued allowing driving to and from work, medical appointments, education, substance abuse treatment, or court-ordered community service responsibilities. No temporary license is available for operating a commercial vehicle.
q To be issued a temporary restricted license, you must pass the written exam, pay the reinstatement fees and regular license fees, and satisfy financial responsibility requirements (usually SR-22 High Risk Insurance).
q The request for a temporary restricted license can be utilized as evidence in criminal and civil proceedings. Only your full name, address, and date of birth are required. Further information should be considered whether or not to be provided, but not providing the information may delay issuance of a temporary restricted license.
Court Ordered Temporary Restricted License
A person with a license revoked under Chapter 321J, a license suspended or revoked under chapter 321 of the Iowa Code for violations of 321J, or a person determined to be a habitual offender and ineligible for a temporary restricted license, may apply to the court for a temporary restricted license after the minimum eligibility period of ineligibility for a temporary restricted license. That person can then petition the court for a hearing on a temporary restricted license. If neither the Department of Transportation (DOT) or County Attorney opposes the issuance, the court normally grants the license. If either the Department of Transportation (DOT) or County Attorney opposes the issuance, then the court will conduct a hearing and the defendant may present evidence as to why a license should be granted.
The application is normally submitted with a certified, recent (less than ten (10) days old) copy of the defendant's official driving record, and proof of financial responsibility.
Other offenses relevant to suspension and revocation include:
q Failure to pay child support
q Failure to pay fines or fees imposed as a result of traffic ticket
q Failure to answer a traffic summons
q Debt owed to the State
q Failure to file accident report
q Under age eighteen (18) and drop out of high school
q Speeding twenty-five (25) mph or more above speed limit
q Falsification of information on application
q Second conviction for reckless driving
q Drag racing
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