Thompson Law Office

Iowa City OWI Defense Blog

New OWI 2nd Breath Test Failure Law

On 7/1/10, a new law became effective that significantly reduces the waiting period for a work permit/temporary restricted license for a “second breath test failure” case before the Iowa Department of Transportation.

Most of the “second breath test failure” cases are OWI 2d offenses. However, a second breath test failure can occur after a previous .02 violation, or an OWI 1st offense that did not end in conviction or deferred judgment.

Previously the waiting period for a work permit was 1 year, regardless of the test resulting in a failure or refusal.

The new law requires a delay on the work permit for only 45 days for a failure, and 90 days for a refusal.

Please call Thompson Law Office for more specifics on this new law.

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