Legal Question in DUI Law in Iowa

ignition interlock device

after 5 years of being convicted of owi do i still need to get ignition interlock device? i'm elible to get my licence back in nov. 2010


Asked on 6/23/09, 6:39 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: ignition interlock device

If it was a third or subsequent conviction the revocation period is six years. If you apply for a temporary restricted license in that time you need the ignition interlock. This is addressed in Iowa Code 321J4 below. It looks as if you serve the 6 year revocation you are not required to use the interlock device.

Of course the DOT may have other opinions-I suggest you contact them a few months before you are eligible to reapply for reinstatement, because rules and statutes can and do change.

4. Upon a plea or verdict of guilty of a third or subsequent

violation of section 321J.2, the court shall order the department to

revoke the defendant's driver's license or nonresident operating

privilege for a period of six years. The defendant shall not be

eligible for a temporary restricted license for at least one year

after the effective date of the revocation. The court shall require

the defendant to surrender to it all Iowa licenses or permits held by

the defendant, which the court shall forward to the department with a

copy of the order for revocation. The defendant shall be ordered to

install an ignition interlock device of a type approved by the

commissioner of public safety on all vehicles owned by the defendant

if the defendant seeks a temporary restricted license at the end of

the minimum period of ineligibility. A temporary restricted license

shall not be granted by the department until the defendant installs

the ignition interlock device.

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Answered on 7/02/09, 11:14 am


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