...REGARDING OWI / DUI AND YOUR DRIVER'S LICENSE
Should I take a breath test?
The most common question asked of criminal defense lawyers who do Operating While Intoxicated (OWI) or Driving While Intoxicated (DWI or DUI) work is: "Should I take a breath test if I'm accused of OWI, DWI or DUI?" Unfortunately, there is no uniform answer for this question. There are several factors that determine the best course of action, like the level of offense (first, second or third), how much you have had to drink, and whether a work permit is important if you should lose your license. An in-depth answer to this question appears on Attorney J. Dean Keegan's blog on OWI/DUI/DWI and other criminal law issues in Iowa.
http://keeganlegal.wordpress.com/2008/10/10/should-i-take-a-breath-test/
Can I get a work permit or temporary restricted license in Iowa after losing my driving privileges for an OWI?
For a first offense, yes. The revocation is this instance is 180 days for an OWI test failure and one year for an OWI test refusal. If your breath test was over .10 you will need to have an interlock device installed in your vehicle. If you blew over .15, you will also need to wait 30 days after the revocation starts before you get you work permit. If you refused a breath test, you will have to wait 90 days prior to getting your work permit.
For a second offense test result you lose your privileges to drive for one year and there is no provision for a work permit during that time. A second test refusal results in a two year revocation, and a work permit can be obtained after the first year, and the work permit will require that you have an interlock device in your vehicle.
If you have any combination of deferred judgments and convictions for OWI three times within twelve years, you will lose your license for six years, regardless of whether you tool or refused a test. After a one year period of ineligibility for a work permit, you may get a work permit with Court approval.
Sometimes figuring out whether you can get a work permit is very difficult, especially if you have other citations on your driving record. My staff can assist you with finding out what you can do to get back on the road. Call 319-887-6900 or email today!
A comprehensive chart of driving sanctions for OWI and for other driving offense like Driving While Barred or Suspended appears on the Iowa Department of Transportation's website.
http://www.iowadot.gov/owi.htm
When I went to the Iowa DOT to get a work permit, they told me I should talk to a lawyer. Why can't they answer my questions?
Under certain circumstances the only way to get a work permit or temporary restricted license is to get an order from the Court. The DOT cannot give you legal advice, and so when someone is only eligible for a work permit with the Court's permission, the DOT will respond by answering that you should seek legal advice. I have assisted many of my clients with this process, and I can work with you to help determine your eligibility for a work permit.
Can I still lose my license if the notice informing me of the sanction was not sent to my current address?
Yes! The DOT will send the notice to the address on file for you, usually the address that appears on your license. If you move and do not notify the DOT of the new address, any sanction that is put on your license still goes into effect.
Call 319-887-6900 or e-mail us to schedule your free initial consultation. Our office hours are Monday through Friday from 8:30-5:30. We accept Visa, MasterCard and Discover Card.
J. Dean Keegan, Attorney at Law
Iowa City Office
103 East College Street
Suite 312
Iowa City, IA 52240
Telephone: 319-887-6900 | Fax: 319-688-2754
Map and Directions to Iowa City office
Cedar Rapids Office
425 2nd St. SE
Suite 1250
Cedar Rapids IA 52406
Telephone: 319-364-6000 | Fax: 319-688-2754
Map and Directions to Cedar Rapids office
