Being stopped by Des Moines police on suspicion of drunk driving can set off a series of events that put your ability to drive in jeopardy. Even before your court date, the Iowa Department of Transportation (DOT) may suspend your license through its administrative process.
With this in mind, it’s important to act quickly to protect your rights after the traffic stop, because the clock starts running as soon as you’re arrested for impaired driving or refuse testing.
What Happens During the Stop?
A driving under the influence (DUI) or operating while intoxicated (OWI) stop usually begins with the officer asking the suspected impaired driver questions about their recent alcohol use and requesting their driver’s license, registration, and insurance. Field sobriety tests may follow, including the walk-and-turn or one-leg stand. Officers may also use a roadside breath test to estimate the driver’s blood alcohol concentration (BAC).
Drivers have the right to remain polite but avoid self-incriminating statements. If the officer believes there is probable cause to arrest the driver – such as if they were involved in an accident or impaired to an extent that they could neither consent to nor refuse testing – they’ll take them to the station for further testing under Iowa’s implied consent law.
Iowa’s Administrative License Suspension – and How to Prevent It
Following an OWI arrest or a test refusal, the Iowa DOT can initiate an administrative license suspension independent of any criminal case. This process starts immediately when an officer submits a report showing either a failed chemical test or a refusal to take one.
Drivers typically have only 10 days to request a DOT hearing to challenge the suspension. Missing this deadline means the suspension goes into effect automatically. The hearing gives a driver the opportunity to question whether the officer had reasonable grounds for the stop, whether they properly administered any tests, and whether they followed proper implied consent procedures.
Even if the court later dismisses the criminal charge, the administrative suspension can still stand. Because these two processes are independent, it’s necessary to act quickly after an arrest or test refusal. Contesting the suspension early may be the only opportunity to keep your license or qualify for limited driving privileges.
Can You Get Limited Driving Privileges During a Suspension?
Some drivers may qualify for limited driving privileges while their license is suspended. Iowa allows certain individuals age 18 and older to apply for a temporary restricted license (TRL) that allows them to drive to work, school, medical appointments, or substance abuse treatment. Eligibility depends on factors such as:
- Whether the driver has prior OWI offenses
- Whether the driver has installed an ignition interlock device in every vehicle they drive
- Whether the OWI offense involved a death
While those with multiple OWI offenses on their record often face longer waiting periods, applying for a TRL through the Iowa DOT can help maintain essential driving privileges while the underlying OWI case proceeds.
Contact a Des Moines DUI Defense Attorney to Discuss Your Case and Protect Your Driving Privileges
Protecting your license after an OWI arrest requires more than just meeting deadlines – it involves understanding how the law and the evidence apply to your specific situation. An experienced Des Moines OWI defense attorney can review the evidence to identify errors that could affect your license suspension or OWI charge. Securing a lawyer’s representation early in the process may help protect your ability to drive and improve your position in both the administrative and criminal proceedings.
If you’ve been arrested for DUI in Des Moines, contact the criminal defense firm of Vogel Law, PLLC, to discuss your case with an attorney who’s committed to helping you secure the most favorable outcome possible.