SPELLMAN LAW, P.C.
Based In West Des Moines, Iowa, Practicing In Central
Iowa And Throughout The State Of Iowa
Quick Action And Honest Advice

Contesting against the implied consent law

On Behalf of | Mar 2, 2021 | Criminal Defense |

Anyone who operates a motor vehicle in Iowa must adhere to implied consent laws. These laws give authorities the right to ask a motorist to submit to blood, urine or Breathalyzer tests if there is reason to believe that the motorist is under the influence of drugs or alcohol. Those who refuse to submit to these tests may face a variety of penalties, including a license suspension and a fine.

You’ll face a license suspension of up to two years

At a minimum, you’ll lose your driving privileges for one year for declining to submit to a chemical test. You’ll lose your license for two years if it has been previously revoked for any reason.

How can you fight back?

Typically, the officer who asked you to take a blood, urine or other type of test will take your license immediately after a refusal occurs. He or she will then provide you with a temporary license that is good for the next 10 calendar days. During that time, you may request a hearing to challenge the officer’s actions. An OWI or DUI defense attorney may be able to help you obtain a favorable outcome in court.

It may be possible to get your license reinstated

In some cases, you’ll be eligible to receive a restricted license during the suspension period to make it easier to get to work, school or other limited destinations. However, you will need to pay a $200 fee to do so, and you may also need to install an ignition interlock device on your vehicle.

If you’re charged with DUI, an attorney may be able to help you avoid penalties such as a fine, jail time or a license suspension. An attorney may also be able to help you reinstate your license after it’s suspended for violating the state’s implied consent law.