Iowa’s Implied Consent Law Explained: Everything Drivers Need to Know

Iowa Implied Consent Law: What is It?

A primary purpose of the implied consent law is to support the enforcement of drunk driving prohibitions and remove the element of discretion when making a choice about a chemical test at the time of an arrest. The State has a legitimate interest in ensuring that all drivers, or at least as many as would be under a limited amount of budgetary resources, are tested to maximize deterrence and effectuate public safety.
Iowa Code § 321J.6 generally states that Iowa drivers consent to chemical testing under the circumstances where a law enforcement officer has reasonable grounds to believe it would be a violation of section 321J.2 to operate a motor vehicle after having a blood alcohol concentration as prohibited by 321J.2, the driver has refused to submit to testing under Iowa Code section 321J.6, or has failed to comply with a chemical test request from a law enforcement officer .
Unless a person refuses to submit to chemical testing after being requested to do so by a law enforcement officer, which under Iowa law requires a thirty-six (36) hour suspension/revocation of the person’s operating privileges, a suspension/revocation triggered by implied consent laws requires a person with a valid Iowa driver’s license to submit to chemical testing. Although a chemical test can be performed using a blood test, breath test, or urine test, the Officer will most likely request a breath test. The Officer will then designate an Intoxilizer 5000EN machine at the police precinct or county jail as the location where a legally accepted chemical test will be offered.
If the chemical test is refused by a person present at a designated space for testing, the person will be subject to a thirty six (36) hour suspension of driving privileges even if the test is not offered at the precinct or county jail. This is important because the thirty (30) hour suspension can be enhanced to one-hundred and twenty (120) days if a person refuses an officer’s request for chemical testing three (3) times during a six (6) year period.

How the Iowa Implied Consent Impacts Drivers

The Implied Consent Law imposes certain obligations on drivers. A driver has an affirmative obligation to submit to a breath, blood or urine test, as requested by law enforcement officers. Iowa Code section 321J.6 provides that a person "has sole responsibility to cooperate in the collection of samples for testing" that requested. If a person drives a vehicle on Iowa roads, he or she impliedly consents to provide the requested sample.
The implied consent law does not require law enforcement to inform an arrested person that the request is compulsory, or that his or her license will be suspended if he or she refuses to provide a sample. Rather, the respondent must be informed that "failure to submit to testing requested by a peace officer may result in a revocation of the person’s operator’s license or permit." Iowa Code section 321J.6(2). Often a law enforcement officer’s request to submit to a breath test is accompanied by an admonition that refusal to take the test could result in an automatic suspension of one’s driver’s license for up to a year.
However, the following rights and obligations apply under the implied consent law: Iowa law penalties for refusing a chemical test for alcohol or drugs are found in Iowa Code section 321J.9. An automatic and immediate suspension of your driver’s license will occur if you refuse. A person who refuses to take a properly requested alcohol or drug test will lose his or her driving privileges for a period of one year. Iowa Code section 321J.9(1).
In addition to the automatic suspension of your driver’s license, there could also be very serious criminal consequences. A person who refuses a chemical test after being arrested for DUI may be punished as provided in Iowa Code section 321J.2 (operating a motor vehicle while intoxicated). Iowa Code section 321J.9(1). The person’s first offense may be treated as a second offense for sentencing purposes if the chemical testing is refused. Iowa Code section 321J.9(2). For a second or subsequent offense, the penalty is250 fine and/or two days in jail. Iowa Code section 321J.9(2). A second offense will also result in a driver’s license disqualification. Iowa Code section 321J.2A.

Refusing a Test and its Legal Ramifications

The Iowa Department of Transportation imposes the following legal consequences for refusing a test:
Testing Site: If you refuse a preliminary breath test (PBT) or breath test, the officer must take you to a site to take the test. The testing site is usually the detention facility. It is not possible to refuse any test at a testing site. However, you should not be told you are being taken to the detention facility unless you are or will be arrested.
Service fee: Iowa DOT will suspend your driver’s license for 180 days and impose a service fee of $50.
DUI arrest: If you refuse a breath test, you could be arrested for operating under the influence (DUI). You could be additionally charged if your blood-alcohol content is over the legal limit of .08. This means you could face both a refusal suspension and a license suspension for drinking and driving.
First-offense penalty: If this is your first offense, you could face future penalties and requirements such as suspension, fines, and education related to the future use of alcohol and/or drugs. The arresting officer may arrest you, then 1 of the following occurs:
Implied consent appointment: You will be scheduled for an implied consent appointment no later than 10 calendar days from the date of driving under the influence (DUI). If the implied consent appointment is held in a district court within the county where the driving occurred, your appointment will be mailed to you by the clerk of court. If your implied consent appointment is held in a district court outside the county where the driving occurred, it will be mailed to you by Iowa DOT. Your implied consent appointment notice must be signed and dated by the person who delivered it to you. The notice authorizes the delivery of the copy(s) to Iowa DOT. You must forward ALL copies to Iowa DOT via mail, courier, or fax.

How to Challenge Your Implied Consent Violation

The first thing an attorney will do when a client has an implied consent issue is check existing case law, especially recent decisions from the Court of Appeals and Supreme Court. One of the most important factors to review is whether the officer had reasonable grounds to stop the driver. This is also tied to the requirement that the officer have reasonable grounds to believe the driver is operating under the influence. That is important in the context of an implied consent issue because in many cases the officer will make an arrest following the stop even if the implied consent issue never leads to an arrest or citation for operating while intoxicated. On the other hand, if a driver provides a breath blood or urine test which shows a legal level (.08) or below there is no citation issued and therefore it is unlikely the officer would have reasonable grounds to arrest.
The next important factor is whether the testing violated the Iowa Administrative Code and in particular 661 IAC 4.11 and 12. This is critical because the statute the officer relies upon to invoke the implied consent is Iowa Code Section 321J . 6 which incorporates Iowa Administrative Code Section 661.4(11) which then references 661 IAC 4.5 and 4.12. It is therefore a violation of Implied Consent Law if the collection of the specimen at the police station is not done in accordance with 661.4(11). The best way to connect the dots between the statutes and administrative rules is with the help of an experienced attorney.
If an attorney believes an implied consent violation has occurred it is important to request an administrative hearing within the time limits set forth by the Iowa Supreme Court for a timely appeal and/or unless the hearing officer agrees to extend the deadline. Strict compliance is required and depending on the facts can be established very early in the case. One of the most important factors is collecting evidence within the 60 minute deadline. The results of the chemical testing request are not admissible at the suspension hearing and therefore the real issue is whether or not the person complied with the request to submit to testing, not whether testing was done.

Implied Consent Updates and New Laws

The most significant change to Iowa’s implied consent law in recent years occurred with the 2017 enactment of SF 475. As noted above, Iowa law now requires breath tests to be administered and processed using an attorney-prescribed breath analysis machine not older than six years. If the breath analysis machine utilized is eight years old or older, then the test results are inadmissible in court. The change to the law essentially prevented the Iowa Department of Transportation (IDOT) from using the results of breath tests in any criminal or civil proceeding. SF 475 was enacted to avoid this potentially negative outcome by extending the lifespan of breath-test machines.
SF 475 allows law enforcement agencies to continue using breath test analyzers that are up to 12 years old if (1) the analyzer has previously undergone repair or calibration and (2) IDOT has provided that analyzer with a "new Certificate of Conformance" (COC.) However, COCs will only be issued if an analyzer is eight years or less old. The law allows the extension of the life of an analyzer only when these two requirements are satisfied prior to July 1, 2017.
Any such analyzer found not to have been repaired or calibrated within the last two calendar years must be removed from service pending its removal from the list. This means that as time progresses, older machine will not be used and if you blow into one after July 1, 2017 that is more than six years old (and less than 12 years old) it is likely that the results are simply illegitimate.
In response to this law change, many law enforcement agencies have begun utilizing portable breathalizers at the arrest location to, in theory, eliminate the use of breath testing machines to obtain tests results that are later deemed inadmissible. These portable breath tests, however, are not often admissible in court, and are typically not done on a rolling basis, exchanged between law enforcement officers and the motorist, or taken in a timely manner per Iowa’s Implied Consent Law. Accordingly, they are likely going to be of little benefit to the motorist, but quite beneficial to the law enforcement agency – chiefly the Iowa DOT – in furthering their agenda of making a DWI arrest.
The changes to the law regarding those who refuse chemical testing, or those who submit chemical tests that ultimately turn out to be invalid for one reason or another, include a recalculation of the suspension time periods. In other words, a driver who refuses or fails a chemical test will have an unmarked license unless they request an administrative hearing. If they fail, the first arrest for refusal will be six months, an arrest with a result of .08 to .10 will be 90 days, .11 to .15 will be one year, and .16 will be 18 months. Second-offenders will see their penalties increase to two years for a refusal or .08 to .10, three years for .11 to .15 and 4 years for .16 and up. If a driver who refused or failed chemical testing requests and wins his administrative hearing, he would be eligible for a temporary restricted license, but that temporary license would expire at the end of the period of suspension.

The Importance of Legal Help

When it comes to navigating the complexities of the Implied Consent Law, having a seasoned legal representative in your corner can make all the difference. A knowledgeable and experienced attorney can be invaluable when interpreting legal jargon and ensuing major developments in a case. However, a legal expert with a record of dealing with damages involving the Iowa Implied Consent Law is a prerequisite to come to grips with and recover for your losses. In addition to providing clarification of legal terms and processes , an attorney will provide guidance during contested OWI administrative hearings, explaining why necessary measures have to be taken and what steps will be required down the road. Especially with OWI determinations, you need someone who understands both the administrative aspects of the law as well as the criminal ramifications. A DUI lawyer can help point you in the right direction when addressing an OWI citation.