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Iowa Code section 321J.2 prohibits an individual from operating a motor vehicle while under the influence of alcohol, drugs or a combination of drugs or alcohol; or while having an alcohol concentration of .08 or greater. The State must prove beyond a reasonable doubt at trial:
1. The defendant operated a motor vehicle;
2. He/she did so while under the influence of alcohol or drugs; OR
3. While having an alcohol concentration of .08 or greater.
"Operating" is defined by the Iowa Supreme Court as: the immediate, actual physical control over a motor vehicle that is in motion and/or has its engine running. Thus, sitting in a vehicle, even with the keys in the ignition, so long as the engine is not running, does not and cannot constitute "operating."
First Offense:
If you take the test and fail, or are convicted, you are looking at a 180 day revocation.

  • Eligible for temporary license immediately as long as there was not an accident causing personal injury or property damage and you blew under .15. If you blew over .15 or an accident occurred, you must wait 30 days for a temporary license.
  • Must get an ignition interlock device installed if BAC is greater than .10 or an accident occurred if you want to get a temporary license and it must be put on all vehicles owned and operated by a person seeking a temporary license.

If you refuse the test, you are faced with a one year revocation. You must wait 90 days for temporary license and must install an ignition interlock device.

Second Offense (or higher):
If you take the test and fail, you are looking at a one year revocation and are not eligible for a temporary license for 1 year. The Department of Transportation will look back 12 years to determine if there has been a prior suspension for a violation of drinking-driving statutes. Prior .02 violations by minors are counted as prior suspensions for these purposes. Also, the IDOT will consider DUIs and DWIs from other states as a valid reason to suspend your Iowa license, even if you were never convicted of that DUI but only were suspended in that state administratively.
If you refuse a second time, or are convicted, you are faced with a two year revocation and are eligible for a temporary license after one year but must get ignition interlock device.
With the exception of a court ordered revocation for a third offense, an individual's driving privileges are suspended by the Department of Transportation based solely upon a determination of whether the individual consented to chemical testing indicating an alcohol concentration in excess of .08 or refused chemical testing.

Kopecky Law, P.A.

For nearly two decades, The Traffic Lawyers of Kopecky Law, P.A. have represented thousands of clients in various traffic matters ranging from speeding tickets to complicated DUI/DWI cases, and even more complicated criminal cases, both felonies and misdemeanors.

Contact Us

Whether you are charged with possession of marijuana or some other drug case, charged with shoplifting or theft, or were pulled over for DUI or DWI, we can help you. Call us at (913)491-5599 in the Kansas City Metro area or (800)N-GUILTY everywhere else.

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