Legal Question in DUI Law in Iowa

12 year law

I am being charged with 2nd offense DWI as of 2004. My prior was in Nebraska in 1994. At that time I believed the law in Iowa and Nebraska was after seven years it would be off the record. Iowa apparently changed it to 12 years between this time. Am I ''grandfathered in'' the seven year time and if not why? Also the officer didn't use his camera, mainly because I was not operating the vehicle. Now I can only rely on word versus word, is there any way around that?


Asked on 3/30/06, 6:33 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: 12 year law

The lookback period is twelve years so it counts against you. The offense counts from other states if it is substantially the same.

You say you were not operating the vehicle. If that's the case, there's a factual issue. The definition of what constitutes operating is quite broad however. I suggest you retain an attorney to evaluate your case.

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Answered on 3/30/06, 10:07 pm


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