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Can Iowa Revoke an Out-Of-State License for OWI?

A lot of out-of-state residents drive into and through Iowa on a daily basis. In addition, our state is home to a number of colleges and universities with a lot of out-of-state students. When someone from another state is arrested for drunk driving in Iowa, a frequent question is whether Iowa can revoke an out-of-state driver's license.

No state, including Iowa, has the power to revoke a driver's license issued by another state. The state of Iowa can, however, revoke a person's nonresident driving privileges. This can be a significant problem for someone who needs to drive in Iowa on a regular basis.

In addition, Iowa is a party to an interstate agreement, the Driver License Compact, under which member states share information about license suspensions and traffic violations. Most states in the U.S. have signed the Compact.

When an out-of-state resident is convicted of OWI in Iowa, Iowa authorities will report the conviction to the person's home state. Under the Compact, that state will apply its own laws to the offense which, in a drunk driving case, will usually mean revocation or suspension of the person's license.

Similarly, if a person with an Iowa driver's license is convicted of drunk driving in another state, Iowa will revoke their license as if the offense occurred in Iowa.

Fortunately, out-of-state drivers have the same rights in an Iowa court as any Iowa resident. This means they have the right to challenge the reasonable basis for the stop, the accuracy of field sobriety and breath tests, and the right to cross-examine witnesses for the prosecution. Whether a person has an Iowa license or one from another state, they have the right to fight an OWI charge in court.

Source: National Center for Interstate Compacts, "Driver License Compact," accessed April 11, 2016

Categories
  • The Iowa State Bar Association
  • DUI Defense Law
  • NACDL
  • AAJ
  • Iowa Association of Justice

Keegan, Tindal, & Mason 

Put Over 50 Years of Combined Trial Experience On Your Side 
  • J. Dean Keegan
  • Eric D. Tindal
  • Andrea D. Mason
  • J. Dean Keegan J. Dean Keegan

    Owner

    Decades of Award-Winning Legal Service J. Dean Keegan was born and raised in Waterloo, Iowa. After high school, Dean served ...
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  • Eric D. Tindal Eric D. Tindal

    Attorney

    Highly Rated Criminal Defense in Iowa City Eric D. Tindal, attorney at Keegan, Tindal & Mason, graduated from the University ...
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  • Andrea D. Mason Andrea D. Mason

    Attorney

    Experienced Criminal Defense in the Iowa and Illinois Quad Cities Andrea D. Mason practices in the areas of white collar ...
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  • He was professional, knowledgeable and prompt. He was very effective in his communication.

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  • I am glad he was there to get my head out of the guillotine when I needed him and keep my record clean.

    “I was stopped for an OWI. Dean took things as far as he could with the appeals process, finding every way possible to keep me driving in the meantime (which I needed to do for my job). Dean argued the ...”

    - Ryan
  • Attentive and a Standup Guy

    “I needed an attorney with deep experience in federal cases. Eric was recommended to me by an immigration lawyer in Iowa City I had hired in the past to help my wife obtain her green card. I was ...”

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SUCCESSFUL results for our clients

Protecting Your Freedom & Rights
  • Possession with Intent to Deliver Marijuana and Methamphetamine Charges Dismissed

    Washington Count FECR5351. Attorney Tindal and Attorney Clemens Erdahl successfully argued that evidence of drug manufacture was obtained in violation of the Constitution. All charges were dismissed.

  • Possession with Intent to Distribute Charges Dismissed

    Iowa County FECR010358. Attorney Tindal was able to show the Court that his client was detained in violation of his Constitutional rights and that the K9 utilized in the search was unreliable. Following hearing all charges were dismissed.

  • Vehicular Homicide Charges Reduced

    Johnson County FECR68296. The Defendant was charged with Vehicular Homicide. Following a suppression hearing, Mr. Tindal and his co-counsel were able to show that the blood test result was taken in violation of implied consent procedures. The case was subsequently resolved for a misdemeanor.

  • Second Degree Sexual Abuse and Other Charges Acquittal at Trial

    Johnson County FECR089277. The Defendant was charged with Second Degree Sexual Abuse and other charges. Following a one-week trial by Mr. Tindal, the Defendant was acquitted of all charges.

  • Trafficking Stolen Weapons and Misdemeanor Theft Charge Dismissed

    Scott County FECR384046. The Defendant was charged with Trafficking Stolen Weapons and Misdemeanor Theft. The Court dismissed the felony following a Motion litigated by Mr. Tindal. The Defendant subsequently pled to the remaining misdemeanor.

  • Operating While Intoxicated Reduced to Public Intoxication

    Johnson County OWCR116811. The Defendant was charged with Operating While Intoxicated. Mr. Tindal was able to win the Iowa Dept of Transportation appeal and have the blood test result thrown out. The case was resolved for a public intoxication charge and no loss of license.

  • Operating While Intoxicated Second Offense Reduced to Public Intoxication

    Washington County OWIN010946. The Defendant was charged with Operating While Intoxicated Second Offense. Following long negotiations with the State the Defendant was able to plead to a Public Intoxication and have his driving privileges reinstated.

  • First Degree Murder and Child Endangerment Causing Death Acquitted of First Degree Murder at Trial

    Henry County FECR005634. Attorney Tindal’s client was charged with First Degree Murder and Child Endangerment Causing Death. Following a two week trial, the Defendant was acquitted of all charges.

  • Sexual Abuse in the 2nd Degree Conviction Reversed on Appeal

    Iowa Supreme Court No. 04-361. The Defendant was convicted of Sexual Abuse in the 2nd Degree. On appeal, Mr. Tindal successfully argued that the conviction was based on improperly admitted evidence. The conviction was reversed.

  • Operating While Intoxicated Record Expunged

    Johnson OWCR106890. Attorney Dean Keegan's client received an Operating While Intoxicated, a serious misdemeanor. After reviewing the videos, Mr. Keegan filed a Motion to Suppress arguing the officer denied his client's right to make a phone call. The State declined to present testimony at the hearing and the Motion to Suppress was granted, making the client eligible for a deferred judgment. Mr. Keegan's client will have her record expunged and be able to obtain a license after 90 days instead of 180.

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