Iowa DUI: License presumed revoked

The Iowa DOT does not require criminal drunk driving guilt to revoke an Iowa drunk driving suspect's license. If a law enforcement officer has reasonable grounds to believe a motorist is operating a motor vehicle while intoxicated, or, under the influence, the officer has statutory authority to invoke “implied consent,” and request a bodily sample for chemical testing—breath, blood, or urine.

If the motorist withdraws that implied consent and refuses to provide a breath, blood, or urine sample, the Iowa DOT will revoke his or her driver’s license administratively and immediately for one year for a first such test refusal and two years for two or more.

If the motorist consents to a breath, blood, or urine test in an Iowa OWI investigation, and said test reveals an alcohol concentration in excess of .08 g ETOH/210 L breath, 100 mL blood, or 67 mL urine, the revocation is six months for a first such test failure and one year for every administrative test failure within 12 years thereafter.

Note that additional statutory revocations may apply pursuant to Iowa Code § 321J.2, for example, upon conviction of a third or subsequent Operating While Intoxicated offense within 12 years. That increases the revocation to six full years.

What really throws both defendants and some lawyers off is that this revocation has nothing to do with criminal guilt or innocence. Since a driver’s license is a privilege and not a Constitutional right, the level of process due a motorist is much lower than for criminal prosecution.

Consider it “Due Process Lite,” with all the aggravation and only half the protection.

An Iowa DOT Revocation Appeal has a different venue, hearing officer, different opposing party, different standard of proof, and different burden of proof than a criminal prosecution.

Proper venue is the Iowa Department of Inspections and Appeals Hearings Division. The hearing officer is an administrative law judge within that department. The standard of proof is whether the officer, fulfilling a dual law enforcement and administrative Iowa DOT role on the date of the drunk driving investigation, violated Iowa administrative law or Department of Public Safety Protocols in revoking the motorist’s driver’s license.

And the most stark distinction between the criminal prosecution and the Iowa DOT revocation is a kind of presumption of guilt. In the criminal prosecution, because of all the protections afforded the Defendant under the United States and Iowa Constitutions, there is a presumption of innocence and the State must prove the Defendant guilty beyond a reasonable doubt.

In the administrative DOT revocation proceeding, the revocation has already summarily occurred as of the date of the drunk driving investigation. To claw back the mere privilege of operating a motor vehicle on Iowa’s roads, highways, and streets, the appellant must prove by a preponderance of the evidence, or, just over fifty percent, that the officer and the Iowa DOT made an administrative error when they revoked the motorist’s driver’s license. That represents a 150% burden shift from the State of Iowa in the criminal prosecution to the Appellant in the Iowa DOT revocation.

There is typically no connection between the Iowa DOT revocation and the criminal prosecution. Moreover, there is no negotiating with the Iowa DOT and Department of Inspections and Appeals to reduce or eliminate the revocation. You either have grounds to overturn the revocation or you do not.

If you have been arrested for Operating While Intoxicated, Iowa’s DUI law, contact us for an initial consultation.