During this year's legislative session Senate File 386 was passed and became effective July 1, 2013. This new law now requires a person who has had their driver's license suspended for a second offense drunk driving offense, to have an ignition interlock device installed for one full year upon seeking reinstatement. The law however does give credit toward the driver for the period of time that they had the interlock installed while driving on a work permit prior to reinstatement.
This is a significant change given that the prior law only required installation of an ignition interlock device following a second offense, for one year if the person failed to obtain a temporary license or work permit during their period of suspension. Thus, a person who had a one year suspension for a second offense OWI and got their work permit a month before their suspension was set to expire, would have only had to of had the ignition interlock for one month. However, if they would not have gotten their work permit, they would have bee required to have the ignition interlock installed for one whole year.
The dichotomy established by this new law is being enhanced by the way the Iowa Department of Transportation is interpreting and applying this law to individuals who were suspended prior to July 1, 2013. A person who happened to have been suspended prior to July 1, 2013, for an OWI Second Offense, and thought they would only need the ignition interlock device installed for the period of time they had their work permit are being not so pleasantly surprised when the DOT tells them they will need it for one entire year.
From a legal perspective, the application of this new law by the DOT to individuals who were suspended prior to July 1, 2013, may be in violation of the General Savings Provision established in Iowa Code Section 4.13. That code section suggests that the passage of a new law shall not affect the prior operation of a statute or action taken under the statute nor shall it affect any right, obligation, or privilege established under a previous statute. Moreover, the DOT's interpretation and current application of this new law to driver's who were suspended prior to July 1, 2013, pulls the rug out from under those people and changes the rules without giving them fair notice and an opportunity to be heard before imposition of this additional requirement in violation of their Due Process rights under the State and Federal Constitutions. Not to mention the fact that the defense attorneys who correctly advised these clients on the requirements that would need to be met prior to reinstatement are now made out to be liars by the Iowa Department of Transportation.
Suffice it to say that the Department of Transportation is again interpreting an applying new laws against Iowa driver's to the driver's detriment. It is up to one or more individuals to step up and confront the DOT regarding the application and interpretation of this law and we are waiting at GRL Law for that individual to come forward so that we can once again successfully corral the DOT's overreaching abuse of power.
Showing posts with label work permit. Show all posts
Showing posts with label work permit. Show all posts
Thursday, August 1, 2013
Tuesday, June 15, 2010
Legislature Changes Work Permit Suspension Periods
In March, the Iowa General Assembly passed a new piece of legislation that changes the existing law regarding a person's ability to obtain a temporary restricted license following an arrest or conviction for operating while intoxicated (OWI). The most significant change involves a persons ability to get a temporary restricted license or work permit following and arrest and/or conviction for a second offense. Under the old law, a defendant who was arrested or convicted of OWI, 2nd offense, was required to surrender their license for a period of ONE FULL YEAR before they could apply for a temporary restricted license regardless of whether they took the breath, blood, or urine test and failed or refused the test.
As we all know, OWIs carry a heavy mandatory financial penalty, especially for a conviction of a second offense. Forbidding a person convicted of OWI not to drive for such a long time makes it difficult to get to work, which is even more important when you consider that a convicted drunk driver has hefty fines to pay off. In addition, maintaining employment is often a standard condition of probation. That means that failing to have a job because you have no means to get to work can also get you thrown in jail.
Thankfully, the new legislation passed by the Iowa Legislature (House File 2452) changes this situation. Under the new law, a person convicted of OWI, second offense, can become eligible for a work permit 45 days after their initial revocation has begun, as opposed to a full year under the old law. This 45 day "hard suspension" however only applies to those persons who provided a breath, urine, or blood test. A person who refused a breath or urine test is eligible for a work permit after a 90 day hard suspension. The bill goes into effect on July 1, 2010. The best news for those that are currently serving their one year revocation period for an OWI 2nd offense is that this law applies retroactively to you as well. So if you have already served 45 days of your revocation (90 days if you refused the test), you can apply to get a work permit immediately.
The Iowa Department of Transportation will require that following items be completed and on file before you can get this work permit:
1. Proof of SR22 Insurance
2. Proof of installation of an ignition interlock device
3. Payment of the $200 civil penalty
4. A signed application by the employer or school.
A person is able to get a temporary restricted license under the new law for the following purposes:
1. Full or part-time employment
2. continuing health care or the continuing health care of another
3. continuing eduation while enrolled full or part-time
4. substance abuse treatment
5. court-ordered community service
As we all know, OWIs carry a heavy mandatory financial penalty, especially for a conviction of a second offense. Forbidding a person convicted of OWI not to drive for such a long time makes it difficult to get to work, which is even more important when you consider that a convicted drunk driver has hefty fines to pay off. In addition, maintaining employment is often a standard condition of probation. That means that failing to have a job because you have no means to get to work can also get you thrown in jail.
Thankfully, the new legislation passed by the Iowa Legislature (House File 2452) changes this situation. Under the new law, a person convicted of OWI, second offense, can become eligible for a work permit 45 days after their initial revocation has begun, as opposed to a full year under the old law. This 45 day "hard suspension" however only applies to those persons who provided a breath, urine, or blood test. A person who refused a breath or urine test is eligible for a work permit after a 90 day hard suspension. The bill goes into effect on July 1, 2010. The best news for those that are currently serving their one year revocation period for an OWI 2nd offense is that this law applies retroactively to you as well. So if you have already served 45 days of your revocation (90 days if you refused the test), you can apply to get a work permit immediately.
The Iowa Department of Transportation will require that following items be completed and on file before you can get this work permit:
1. Proof of SR22 Insurance
2. Proof of installation of an ignition interlock device
3. Payment of the $200 civil penalty
4. A signed application by the employer or school.
A person is able to get a temporary restricted license under the new law for the following purposes:
1. Full or part-time employment
2. continuing health care or the continuing health care of another
3. continuing eduation while enrolled full or part-time
4. substance abuse treatment
5. court-ordered community service
Monday, January 26, 2009
Work Permit for Second and Subsequent DUI Offenses?
Federal law now authorizes temporary restricted licneses ("work permits") for second or subsequent DUI offenders following a 45 day hard suspension and the installation of an ignition interlock device.
The single biggest problem with the current drunk driving laws in the State of Iowa is the fact that second and subsequent offenders are not eligible for temporary restricted licenses or "work permits" for a minimum of one year following their offense. This means that they are not permitted to drive for ANY purpose for that entire year. If caught, the individual faces a Serious Misdemeanor which carries up to 1 year in prison and a minimum fine of $1,000 in addition to another suspension that must be the same as the period of suspension they were serving when they were caught. This additional suspension runs consecutively, is tacked on to the end, to the current suspension period. Proponents of this current system blindly believe that an intoxicated driver should not drive at all, regardless of the purpose because they previously put everyone at risk by their actions. It is strictly a theoretical, abstract, retribution based argument for the punishment that ignores the practical everyday consequences.
Operating While Intoxicated offenses carry the most significant mandatory minimum financial penalties of any criminal offense in the State of Iowa. For this reason, getting to and from work is even more important than it otherwise would be. Payment of fines and maintaining employment are standard conditions of probation and failure to abide by those conditions can land an individual in jail. In addition to this, almost every drunk driving "offender" must provide for themselves, and in many occasions, their families as well. Because of this, there is an increased number of unlicensed drivers on the roads simply because they need to get to and from work, but the current law does not provide them with any relief from their suspension, whether for hardship or to merely get too and from work. The truth is that people continue to drive illegally if it is necessary to provide for themselves and their families.
The socioeconomic problem that arises in this situation is that when an individual is convicted of a second or subsequent drunk driving offense, not only do they lose their driving privileges, they also lose their ability to register a motor vehicle in the State of Iowa. An unregistered vehicle with an unlicensed driver, likewise will not be insured. What this results in is unlicensed drivers driving illegally and without any insurance. The costs of the accidents caused by these drivers ultimately is born by the general public by way of increased insurance costs because the insured driver's insurance company ultimately ends up footing the bill. This is not in anyone's best interest.
Until recently, the excuses used by the Iowa Legislature for maintaining the one year hard suspension for second or subsequent DUI convictions was that federal law required such a suspension. We all know how the federal government puts pressure on the states to ensure that they comply with their greater wishes. Road money and other financial assistance from the federal government depends upon the states complying with federal minimum standards. That is precisely how the minimum alcohol concentration was lowered from .10 to .08. The federal government lowered their legal limit and required states to likewise comply within a specified period of time if they desired to keep their federal road monies.
The good news is that effective June 6, 2008, the federal government has made it possible for second and subsequent offenders to obtain restricted licenses so long as certain requirements are met. Pursuant to 23 U.S.C. 164 (a)(5), the minimum penalty for second or subsequent offenders is, among other things: (1) a drivers license suspension for not less than 1 year; OR (2) a combination of suspension of all driving privileges for the first 45 days of the suspension period followed by a restatement of limited driving privileges for the purpose of getting to and from work, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both by the individual. Thus, a second or subsequent offender, under federal law is eligible for a "work permit" so long as they install an ignition interlock in any vehicle owned or operated by that person.
This recent amendment alleviates many of the concerns and problems associated with a one year hard suspension while still adequately punishing the individual offender. Since a restricted license can be obtained, the vehicle will be registered, SR-22 (high risk) insurance will be required by the State, and the required ignition interlock device will ensure that the individual driving the vehicle has not consumed any amount of alcohol prior to driving. It really is a win-win situation. Now, it is up to each State to implement the new federal legislation and amend the state requirements accordingly. Please contact your local representative to urge immediate action on this issue. Their contact information can be found at: http://www.legis.state.ia.us/index.html
The single biggest problem with the current drunk driving laws in the State of Iowa is the fact that second and subsequent offenders are not eligible for temporary restricted licenses or "work permits" for a minimum of one year following their offense. This means that they are not permitted to drive for ANY purpose for that entire year. If caught, the individual faces a Serious Misdemeanor which carries up to 1 year in prison and a minimum fine of $1,000 in addition to another suspension that must be the same as the period of suspension they were serving when they were caught. This additional suspension runs consecutively, is tacked on to the end, to the current suspension period. Proponents of this current system blindly believe that an intoxicated driver should not drive at all, regardless of the purpose because they previously put everyone at risk by their actions. It is strictly a theoretical, abstract, retribution based argument for the punishment that ignores the practical everyday consequences.
Operating While Intoxicated offenses carry the most significant mandatory minimum financial penalties of any criminal offense in the State of Iowa. For this reason, getting to and from work is even more important than it otherwise would be. Payment of fines and maintaining employment are standard conditions of probation and failure to abide by those conditions can land an individual in jail. In addition to this, almost every drunk driving "offender" must provide for themselves, and in many occasions, their families as well. Because of this, there is an increased number of unlicensed drivers on the roads simply because they need to get to and from work, but the current law does not provide them with any relief from their suspension, whether for hardship or to merely get too and from work. The truth is that people continue to drive illegally if it is necessary to provide for themselves and their families.
The socioeconomic problem that arises in this situation is that when an individual is convicted of a second or subsequent drunk driving offense, not only do they lose their driving privileges, they also lose their ability to register a motor vehicle in the State of Iowa. An unregistered vehicle with an unlicensed driver, likewise will not be insured. What this results in is unlicensed drivers driving illegally and without any insurance. The costs of the accidents caused by these drivers ultimately is born by the general public by way of increased insurance costs because the insured driver's insurance company ultimately ends up footing the bill. This is not in anyone's best interest.
Until recently, the excuses used by the Iowa Legislature for maintaining the one year hard suspension for second or subsequent DUI convictions was that federal law required such a suspension. We all know how the federal government puts pressure on the states to ensure that they comply with their greater wishes. Road money and other financial assistance from the federal government depends upon the states complying with federal minimum standards. That is precisely how the minimum alcohol concentration was lowered from .10 to .08. The federal government lowered their legal limit and required states to likewise comply within a specified period of time if they desired to keep their federal road monies.
The good news is that effective June 6, 2008, the federal government has made it possible for second and subsequent offenders to obtain restricted licenses so long as certain requirements are met. Pursuant to 23 U.S.C. 164 (a)(5), the minimum penalty for second or subsequent offenders is, among other things: (1) a drivers license suspension for not less than 1 year; OR (2) a combination of suspension of all driving privileges for the first 45 days of the suspension period followed by a restatement of limited driving privileges for the purpose of getting to and from work, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both by the individual. Thus, a second or subsequent offender, under federal law is eligible for a "work permit" so long as they install an ignition interlock in any vehicle owned or operated by that person.
This recent amendment alleviates many of the concerns and problems associated with a one year hard suspension while still adequately punishing the individual offender. Since a restricted license can be obtained, the vehicle will be registered, SR-22 (high risk) insurance will be required by the State, and the required ignition interlock device will ensure that the individual driving the vehicle has not consumed any amount of alcohol prior to driving. It really is a win-win situation. Now, it is up to each State to implement the new federal legislation and amend the state requirements accordingly. Please contact your local representative to urge immediate action on this issue. Their contact information can be found at: http://www.legis.state.ia.us/index.html
Subscribe to:
Posts (Atom)