New Ignition Interlock Requirements

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.

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