Many drivers assume refusing a breath test simply avoids evidence against them. Iowa’s implied consent law creates its own separate consequence for refusal, completely apart from whatever happens with the underlying OWI charge itself.
What Is Iowa’s Implied Consent Law?
Under Iowa Code Section 321J.6, any person who operates a motor vehicle in Iowa is considered to have consented to a chemical test of blood, breath, or urine when a peace officer has reasonable grounds to believe that person was operating while intoxicated.
What Happens If A Driver Refuses The Test?
Under Iowa Code Section 321J.9, refusing to submit to a requested chemical test results in an administrative license revocation, separate and apart from any criminal OWI proceeding. This revocation happens through the Department of Transportation, not the criminal court.
How Long Does A Refusal Related Revocation Last?
A first refusal generally results in a one year license revocation, while a second or subsequent refusal within the applicable lookback period generally results in a two year revocation. This administrative penalty applies regardless of whether the driver is ultimately convicted of OWI.
Does The Officer Have To Meet Specific Requirements Before Requesting A Test?
Yes. The officer requesting the test must be a qualified peace officer as specifically defined by Iowa law, and must have reasonable grounds to believe the person violated the OWI statute. An officer who fails to offer a timely test after a preliminary screening test generally cannot pursue a refusal based revocation.
Is An Administrative License Revocation The Same As A Criminal Conviction?
No. The license revocation from a refusal is a civil, administrative matter handled by the Department of Transportation, separate from the criminal case handled in court. A driver can face this license consequence even if the underlying criminal charge is eventually reduced or dismissed.
Can A Refusal Related Revocation Be Challenged?
Yes. A driver generally has the right to request a hearing to contest the administrative revocation, and specific procedural requirements, such as whether reasonable grounds actually existed or whether the officer properly informed the driver of the consequences of refusal, can form the basis for a challenge. Law Group of Iowa reviews each of these procedural details closely when evaluating whether a revocation can be challenged.
What Documentation Matters When Challenging A Refusal Revocation?
Because these challenges depend on specific procedural details, gathering the right information matters considerably:
- The officer’s written statement documenting the stop and the request for testing
- Records of exactly what advisories the driver was given before refusing
- Any video or audio recording of the traffic stop and testing request
- Documentation of the officer’s qualifications and reasonable grounds
How Does This Apply To A Windsor Heights OWI Case?
Because the administrative revocation runs on a separate track from the criminal case, addressing both promptly matters considerably after an arrest. A Windsor Heights criminal defense lawyer can help evaluate both the criminal charge and the administrative revocation together.
What If The Revocation Hearing Deadline Has Already Passed?
Missing the window to request a hearing on the administrative revocation can result in that penalty taking effect automatically, separate from whatever happens in the criminal case. A Windsor Heights criminal defense lawyer can evaluate what options remain if that deadline has already passed.
Understanding that these two consequences run on separate tracks matters considerably when deciding how to respond after an OWI arrest. If you are facing an OWI charge or license revocation in Windsor Heights, reach out to our office to go over the specifics of your situation.
