The Iowa Code lists a large amount of factors that have to be considered regarding a driver’s license revocation and work permit rights when involved in an OWI stop.
Much information is available regarding the different BAC limits and their effects upon the license revocation or work permit waiting period, but the restrictions on an “accident” are less widely known.
The Iowa Code states that if an accident occurs in which property damage or personal injury occurs, then a 30 day hard suspension on a work permit must be enforced (for a first offense breath test failure at or below .150).
Obviously “an accident” is different than “an accident resulting in property damage or personal injury.” But sometimes it takes a little more work on the part of an OWI lawyer to get to the bottom of this.
If the police reports list an accident having occurred, the IDOT might assume that property damage or personal injury has taken place. These assumptions can make a work permit an extra 30 days further away.
A lawyer can contact the police department to clarify the circumstances of the accident, and contact the IDOT personnel responsible for making the decision on the issue of an “accident.”
So note that even if the IDOT tells a driver that their work permit is delayed by an additional 30 days due to an accident, remember that they must also show that property damage or personal injury occurred.
Visit Iowa Criminal Lawyer Mark Thompson for more information.