Legal Question in DUI Law in Iowa

Dui

I have been arrested for 2rd offence owi but the dot has it down as 3rd I have went a year with out driving cant I obtane a work permit or try to petiton for one?


Asked on 9/23/08, 8:03 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: Dui

Here are the rules on that subject. It seems that if you're characterizing your current case as a second and you've served the year's suspension you ought to be able to get a license but your job is going to be to convince the DOT that it isn't a third. They may have characterized a previous offense to count as a DUI even if it was plea bargained down.

2nd offense (defendant consented to test) - revocation of one year and hard

suspension of one year

Work permit rules:

No work permit is possible, because the hard suspension and the

revocation are both one year. However, a person convicted of second or

subsequent offense must have an ignition interlock installed for license

reinstatement.

2nd or subsequent offense (defendant refused a test) - revocation of two years,

hard suspension of one year

Work permit rules:

No work permit until hard suspension has passed; ignition interlock

required to receive a work permit

3rd or subsequent offense

Sentencing court imposes six year revocation

Read more
Answered on 9/24/08, 10:24 am


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