Driving is a privilege and the privilege can be restricted by the State of Iowa upon due process which typically involves an administrative hearing if requested. Suspensions can affect your ability to reinstate a license and higher insurance rates. Offenses remain on the driving record for 5 years, but OWI revocations remain on your record for 12 years. Dates of the offenses, not date of convictions are considered when determining time periods. There are several reasons why a license can be suspended. These include:
a. Accumulating too many points on your license in a 6-year period.
1. Points are accumulated by
i. Making a false statement to Dept. of Public Safety= 2 points
ii. Driving while license suspended, denied or revoked= 2 points
iii. Driving after license revoked for alcohol or drug offense= 3 points
iv. Driving while barred= 4 points
v. OWI= 4 points
vi. Felony under motor vehicle laws or felony in which motor vehicle used= 5 points
vii. Leaving scene or failing to offer help at accident site= 5 points
viii. Eluding or attempting to elude= 5 points
ix. Causing serious injury with operation of vehicle = 5 points
x. Manslaughter resulting from operation of vehicle = 6 points
2. License barred for:
i. 6-7 points for 2 years
ii. 8-9 points for 3 years
iii. 10-12 points for 4 years
iv. 13-15 points for 5 years
v. 16 or more points for 6 years
3. If driving while barred, you may be imprisoned for up to 2 years, as an aggravated misdemeanor.
b. Failure to pass driving tests or exams
c. Medical or physical condition impairing driving ability
1. 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.
2. Evaluations are made by the Independent Medical Advisory Board which recommends based on the medical record.
3. An individual cannot be licensed if he has had a loss of consciousness in the last 6 months, but it could be waived on recommendation of the Medical Advisory Board in limited circumstances.
4. Licenses may only be granted for a 2 year period and a medical review is required after 6 months.
5. The driver may request an administrative hearing if privileges were suspended or restricted for medical conditions or functional impairments.
d. 3 or more accidents in past year
e. Habitual violator- Barred 2-6 years if convicted of or pled guilty to at 3 or more of any combination during a 6-year period of manslaughter with motor vehicle, conviction OWI, conviction for driving while suspended/revoked/or barred, eluding or attempting to elude, or failure to stop and leave information or render aid at scene of accident in which you were involved.
1. Even if points are not earned, you can still be declared a habitual offender and barred for 1 year if you have 6 moving violations in a 2 year period. I.C.A. §321.555(2).
i. Speeding tickets count if they are for at least 15 miles per hour over the speed limit.
ii. Tickets for seat belt, child restraint, or parking violations not considered.
2. 3 or more countable moving violations (or speeding 25-29 mph over the limit) may require a driver improvement school to keep driving privileges.
i. After completion of school, you may be placed on probation for one year.
1. If a moving violation ticket is received during the probation period, your license will be suspended.
ii. Schools are available at community colleges.
iii. Failure to complete the school will result in suspension.
3. Driver Improvement required for drivers age 17 and younger and convicted of one moving violation or contributed to auto accident.
f. Failure to pay child support
g. Failure to pay fines or fees imposed as a result of traffic ticket
h. Failure to answer a traffic summons.
i. Debt owed to the State. Most county attorneys have a payment plan that will allow the reinstatement of your license once signed up for the payment plan.
j. Failure to file accident report.
k. Under age 18/ drop out of high school
1. Minor’s school license can be suspended for one moving violation or evidence of one or more chargeable accidents.
2. The license can also be suspended if DOT receives written notice from a peace officer, parent (custodian or guardian), school superintendent (or designee) states that licensee violated restrictions of license.
3. Suspension is for at least 30 days (more likely 6 months to a year). Iowa Administrative Code Rule 615.21.
l. Under age 18, and ruled delinquent for violating drug and alcohol laws
m. OWI (called DUI or DWI in other states)(see OWI page on this website) or refusal to take a blood-alcohol test. Length of suspension depends on whether or not a test was taken, the results of the test, and whether this is the first or more OWIs. Licenses are suspended administratively upon the results of the test being over .10 or upon conviction of OWI.
n. Serious violation- convicted of or pled guilty to, speeding 25 mph or more above speed limit.
o. Falsification of information on application.
p. Second conviction for reckless driving.
q. Drag racing.
r. License is revoked for 180 days upon conviction for Controlled substance offense under Code sections 124.401, 124.401(A), 124.402, 124.403, Drug or drug-related offense under section 126.3, or Controlled substance tax offense under section 453B. No temporary restricted license is allowed without a court order.
s. Reckless driving, found at fault in a fatal accident, abandon your vehicle on a public highway, or have an out-of-state conviction.
t. Lending your license to another person, using another person's drivers license, allowing unlawful use of your license.
u. Failure to pay outstanding debts to the DOT. Most county attorneys have a payment plan that will allow reinstatement of your license while debts are paid.
Driving While Denied, Canceled, Suspended, or Revoked:
This is a simple misdemeanor (potential maximum of imprisonment not to exceed 30 days and a fine of $65-625 (updated annually, see I.C.A. § 903.1)). Additional to any other penalties, a fine of not less than $250 to not more than $1500 is imposed. A sentence imposed 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).
Often if the suspect will obtain a license before court date, the judge will dismiss the charge without a conviction. Therefore, it is important that a defendant obtain at least a temporary restricted permit prior to court.
Reinstatement of License:
To reinstate a license, you will need to send or deliver to the Office of Driver Services, 6310 SE Convenience Boulevard in Ankeny (I-35 Corporate Woods Drive exit 89).
a. Payment of civil penalty of $200 (for persons 19 or under the penalty is $50) in cash, check, or money order payable to Treasurer of State of Iowa unless only privilege to operate commercial vehicles is involved.
b. Proof of financial responsibility unless only privilege to operate commercial vehicles is involved, or under age 21 and your BAC was .02-.08. Usually this involves a filing of SR-22 High Risk Insurance showing at least $55,000 insurance. Financial responsibility can also be met by posting security of $55,000 by certified check, cashier’s check, money order, or surety bond. Filing must be maintained for 2 years.
c. Proof of completion of drinking drivers course if required or other drivers training if required.
d. Proof of completion of substance evaluation and treatment if required.
The office of Driver Services will then send a notice ending driver revocation/disqualification. This notice must be taken to the drivers examiners, and after passing both written and driving exams, paying reinstatement fees, and fees for the license, a new license will be issued.
Temporary Restricted License (Work Permit):
Under Iowa Code 321J.20 et seq.a temporary restricted license can be issued under certain circumstances. A work permit can be issued if your regular job depends upon your ability to drive and your license has been suspended or revoked unless your license has been suspended for OWI or under the implied consent law. If your license is revoked and are older than 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.
A habitual offender or person with a prior drag racing conviction is ineligible for a temporary restricted license, as is a lifetime or mandatory revocation (unless mandatory suspension is for drag racing or bail forfeiture revocation).
For OWI revocations see the OWI page on this website.
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).
A temporary restricted license may be granted only if the following are satisfied:
1. The temporary restricted license is for a case of extreme hardship or compelling circumstances where alternative means of transportation do not exist.
2. The applicant has not made an application in any district court in state which was denied.
3. The license is restricted to limited purpose or purposes specified
4. Proof of financial responsibility unless suspension was under 321.210A or 321.513 or revoked pursuant to court order under section 901.5, subsection 10.
Driving must be required for any of the following:
1. Employment
2. Continuing health care of self or dependent
3. Continuing education
4. Substance abuse treatment
5. Court-ordered community service responsbilities
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 license revoked under Chapter 321J (OWI), suspended or revoked under chapter 321 of the Iowa Code for violations of 321J, or was determined to be a habitual offender and is 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. The defendant can petition the court for a hearing on a temporary restricted license. If the Department of Transportation or the County Attorney do not oppose the issuance, the court normally grants the license. If the 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 10 days old) copy of the defendant's official driving record, and proof of financial responsibility.
License Reinstatement Programs
If your driver's license has been suspended for non-payment of fines, you may be eligible to reinstate your license through a county payment plan. Contact your County Attorney's office to determine if you qualify for a payment plan and license reinstatement. Requirements may vary per county, but the Polk County (Iowa) reinstatement plan contains the following requirements:
1. Not qualified if:
a. the license has ever previously been revoked
b. Pending criminal charges of an indictable nature until resolved
c. Delinquent Child Support
d. Unsatisfied DOT Civil and/or Small Claim judgments, as a result of an auto accident
e. Out of State fines
f. Delinquent fine previously converted to community service (must be converted back to a fine)
2. Must sign wage assignment before accepted (if employed). If not employed may be accepted if overdue fines does not exceed montly income by more than 200% (if FIP, SSI, Social Security or other non-employment income is involved.)
3. Show proof of income (2 pay stubs).
4. Required to obtain and maintain financial liability coverage.
5. First payment required at time of admittance into the Program.
6. Copy of Financial Summary from Clerk of Court's Office.
7. Fill out Financial Affidavit from County Attorney's Office.
Administrative Hearing
Driver's licenses are suspended in a two track procedure. Licenses can be suspended administratively by the Iowa Department of Transportation for the reasons stated above. Licenses are also suspended as a result of a criminal conviction for certain offenses, including OWI or controlled substances. If the license is suspended as a result of a criminal conviction, the defendant may appeal the punishment as he/she would do with any sentence. If the license is suspended administratively, the driver may request an administrative hearing concerning the suspension.
The request for a hearing can be used as evidence in criminal or civil proceedings. Only your full name, current address and phone number, Driver's License Number, and date of birth are required on the request. All other information is optional, and should not be provided. Failure to provide the required information however, will result in waiver of the hearing right.
To request an administrative hearing in front of an administrative judge, the driver must within 10 days of the notice of suspension, request a hearing. To request the appeal of the driver's license suspension, if a form was enclosed with the DOT revocation notice, the form may be filled out. Otherwise, on a plain sheet of paper, request an appeal with the required information listed above. The form or sheet of paper may be faxed, mailed, or hand carried to a DOT office. The faxed request for an appeal should be sent to 515-239-1837. If the request is mailed, it should be mailed to: Iowa DOT, Driver Services Office, P.O. Box 9204, Des Moines, IA 50306-9204. The hand-carried request may be taken to any DOT office for processing. To protect your rights, get confirmation of the date/time that the request for appeal is submitted.
The Iowa Department of Inspections and Appeals, Division of Administrative Hearings will provide a notice of the time and date of the telephone hearing (which is the normal form of hearing). If the driver requests an in-person hearing, the request must be in writing to the Administrative Hearings Division, stating the reason for the request, so that a decision can be made as to the in-person hearing.
The suspension of driving privileges is stayed pending the administrative hearing on the license suspension. Be sure to carry the stay notice to be used as your drivers license.
Prior to the time of the hearing, the driver must provide a phone number for the administrative judge to call at the appointed time. The Administrative Hearing Division must be provided in advance with any exhibits or documentary evidence. These exhibits can be faxed to: 515-281-4477, or by mail to: Iowa Department of Inspections and Appeals, Administrative Hearings Division, Wallace state Office Bldg, 502 E 9th St., Des Moines, IA 50319. All material must be marked with the driver's full name, and file and docket number found on the Instructions for Telephone Hearings provided to the driver by the division.
The administrative law judge will call at the time scheduled. If there is no answer or the line is busy, the judge, depending upon the rules, may or may not call back. The hearing is conducted as per 761 Iowa Administrative Code section 620.
Normally, the administrative hearing upholds the suspension, but this result may be first appealed to the DOT, and then if rejected, appealed to the district court.
Questions about this procedure can be handled by your attorney or the DOT Driver Services Office at 515-237-3253.
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