Iowa OWI Defense and Administrative License Revocation Hearing Package

IOWA OWI DEFENSE AND ADMINISTRATIVE LICENSE REVOCATION HEARING PACKAGE

CRITICAL DEADLINE NOTICE

The DOT administrative hearing request under Iowa Code § 321J.13 must be received by the Iowa DOT Driver Services Appeals office within TEN (10) DAYS of service of the Officer's Certification and Notice of Revocation. Missing this deadline forecloses the right to contest the revocation. The criminal case has separate deadlines.

PART 1 — CASE INTAKE AND TIMELINE

Client Information

Arrest Information

Chemical Test

Prior Record (12-Year Lookback)

☐ No prior OWI convictions, deferred judgments, or revocations within 12 years
☐ One (1) prior — Second offense, aggravated misdemeanor under § 321J.2(4)
☐ Two (2) or more priors — Third offense, Class D felony under § 321J.2(5)

PART 2 — IOWA OWI STATUTORY SUMMARY

§ 321J.2 — Elements

A person commits OWI by operating a motor vehicle while:

• (a) Under the influence of alcohol, a drug, or combination; OR
• (b) Having an alcohol concentration of .08 or more; OR
• (c) Any amount of a controlled substance present in blood or urine.

Penalty Tiers

Deferred Judgment under § 907.3 — Eligibility

Per § 321J.2(3)(b)(2), deferred judgment is UNAVAILABLE if any apply:

• ☐ BAC exceeds .15
• ☐ Prior OWI conviction (any state, substantially similar)
• ☐ Prior OWI deferred judgment
• ☐ Test refusal under § 321J.6
• ☐ Bodily injury to another
• ☐ Violation of § 321.279(2) (eluding) at same time

Administrative Revocation Periods (12-Year Lookback)

Temporary Restricted License (TRL) under § 321J.20

PART 3 — IMPLIED CONSENT SUMMARY (§ 321J.6)

Under Iowa Code § 321J.6, any person operating a motor vehicle in Iowa is deemed to have given consent to chemical testing of breath, blood, or urine when an officer has reasonable grounds to believe the person was operating in violation of § 321J.2 AND one of these conditions exists:

• (1) Lawful arrest for OWI;
• (2) Traffic accident resulting in injury or property damage;
• (3) Refusal to take a preliminary breath test (PBT);
• (4) PBT result of .08 or more;
• (5) PBT result of any alcohol while under 21; or
• (6) Reasonable grounds to believe controlled-substance impairment.

Required Advisories Before Testing

The officer MUST advise the suspect, in substantially the form of § 321J.8, that:

• A refusal will result in revocation under § 321J.9;
• A test failure (≥ .08) will result in revocation under § 321J.12;
• The driver may have an independent test at their own expense.

Defense Audit: Did the officer give the § 321J.8 advisory? In writing? Was it complete? Was the driver given a reasonable opportunity to consult with counsel/family within the two-hour window? Iowa courts have suppressed test results for incomplete advisories (see State v. Vietor, 261 N.W.2d 828 (Iowa 1978); Voss v. Iowa Dep't of Transp., 621 N.W.2d 208 (Iowa 2001)).

PART 4 — REQUEST FOR ADMINISTRATIVE HEARING (§ 321J.13)

To: Iowa Department of Transportation
Driver Services Appeals
P.O. Box 9204
Des Moines, IA 50306-9204
Fax: (515) 239-1837

Re: Request for Hearing to Contest Revocation
Driver: [________________________________]
DL/Customer No.: [________________________________]
Date of Notice of Revocation: [__/__/____]
Officer Certification Date: [__/__/____]

Pursuant to Iowa Code § 321J.13 and 761 IAC 615, the above-named licensee, by and through undersigned counsel, hereby REQUESTS A HEARING to contest the revocation of driving privileges served under Iowa Code § ☐ 321J.9 (refusal) ☐ 321J.12 (test failure).

Issues to be Contested (§ 321J.13(2))

☐ Whether the peace officer had reasonable grounds to believe the licensee was operating a motor vehicle in violation of § 321J.2 or § 321J.2A.
☐ Whether the licensee refused chemical testing.
☐ Whether a test was administered and the result indicated an alcohol concentration equal to or exceeding the prohibited level.
☐ Whether the result indicated the presence of a controlled substance, other drug, or combination.
☐ Whether the implied consent advisory under § 321J.8 was properly given.
☐ Whether the two-hour testing window under § 321J.6 was met.
☐ Whether the breath-testing instrument was certified and the operator credentialed (Iowa Admin. Code 661—7.2).
☐ Whether the arrest was lawful (Fourth Amendment).
☐ Whether the stop was supported by reasonable suspicion.

Hearing Format Requested

☐ In-person hearing in [________________] County
☐ Telephone hearing (default per 761 IAC 615)
☐ Subpoenas requested for: arresting officer, certifying officer, breath-test operator, custodian of breath-test machine records

Stay of Revocation

Counsel respectfully requests that the revocation be STAYED pursuant to § 321J.13(4) pending the outcome of this proceeding. Counsel acknowledges that, per § 321J.13(5), DOT must grant the hearing within 45 days of receipt of this request.

Submitted: [__/__/____]
Attorney: [________________________________]
Iowa Bar No.: [________________________________]
Address: [________________________________]
Phone / Email: [________________________________]

PART 5 — DEMAND FOR DISCOVERY (CRIMINAL CASE)

IN THE IOWA DISTRICT COURT FOR [______________] COUNTY

Case No.: [________________________________]
DEFENDANT'S DEMAND FOR DISCOVERY AND BILL OF PARTICULARS

Pursuant to Iowa R. Crim. P. 2.14, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and Iowa Code §§ 321J.6 and 321J.11, Defendant demands the following:

A. Stop, Detention, and Arrest

1. All in-car/dash-cam and body-worn camera video from EVERY officer present at the scene, including pre-stop and post-arrest footage at the station;
2. CAD/dispatch logs and any recorded radio traffic;
3. The officer's written narrative, supplemental reports, and field notes;
4. The officer's training records relating to standardized field sobriety testing (SFST) and DRE certifications;
5. The OWI investigation packet (DOT Form 432014 and related);
6. Documentation of any prior contacts between the officer and Defendant.

B. Standardized Field Sobriety Tests

7. NHTSA SFST scoring sheets;
8. Documentation of conditions (lighting, surface, weather, clothing, footwear, medical limitations);
9. Officer's certification/recertification records for HGN, walk-and-turn, and one-leg-stand.

C. Chemical Testing

10. Breath-test instrument identification, serial number, location, and current certification under Iowa Admin. Code 661—7;
11. All maintenance, calibration, and accuracy-check records for the breath instrument for the 12 months preceding and 3 months following the test;
12. Operator certification of the testing officer;
13. The "subject test record" printout/affidavit;
14. For blood/urine: chain of custody documentation, withdrawal kit lot number, vial preservatives, laboratory analyst credentials, raw chromatograms, laboratory SOPs, and internal/external proficiency-testing results.

D. Implied Consent

15. The signed § 321J.8 implied consent advisory form;
16. Written waiver/refusal documentation;
17. Any video/audio of the consent advisory and the test administration.

E. State Witnesses and Brady/Giglio Material

18. List of all State witnesses with addresses;
19. Any Giglio impeachment material concerning State witnesses (pending discipline, prior false statements, lawsuit settlements, Brady-list status);
20. Any agreements, immunity, or consideration extended to witnesses;
21. All exculpatory evidence as required by Brady.

F. Bill of Particulars

Defendant requests a Bill of Particulars specifying which subsection of § 321J.2(1) is charged, and the State's theory of intoxication.

Date: [__/__/____]
/s/ [Attorney Name], Iowa Bar No. [______]

PART 6 — MOTION TO SUPPRESS

IN THE IOWA DISTRICT COURT FOR [______________] COUNTY

Case No.: [________________________________]
MOTION TO SUPPRESS EVIDENCE

COMES NOW Defendant, by and through undersigned counsel, and moves this Court pursuant to Iowa R. Crim. P. 2.12, the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution, and Article I, §§ 8 and 9 of the Iowa Constitution, to suppress all evidence obtained as a result of the stop, detention, arrest, and chemical testing of Defendant on [__/__/____], and in support states:

I. Lack of Reasonable Suspicion for the Stop

1. On [__/__/____] at approximately [____:____], Officer [_____] stopped Defendant's vehicle on [_____].
2. The officer's stated justification for the stop was [________________________________].
3. The stated justification does not amount to reasonable, articulable suspicion of a traffic violation or criminal activity. See State v. Tague, 676 N.W.2d 197 (Iowa 2004); State v. Coleman, 890 N.W.2d 284 (Iowa 2017).
4. All evidence flowing from the unlawful stop must be suppressed as fruit of the poisonous tree. Wong Sun v. United States, 371 U.S. 471 (1963).

II. Lack of Probable Cause to Arrest

5. The officer lacked probable cause to arrest Defendant for OWI because: [________________________________].
6. SFSTs were not administered in compliance with NHTSA standards; results are unreliable. See State v. Murphy, 451 N.W.2d 154 (Iowa 1990).

III. Failure to Comply with Implied Consent (§ 321J.6, § 321J.8)

7. The officer failed to give the statutorily required advisory, or gave an incomplete/misleading advisory. Voss v. Iowa Dep't of Transp., 621 N.W.2d 208 (Iowa 2001).
8. The chemical test was administered outside the two-hour window of § 321J.6.
9. Defendant was denied a meaningful opportunity to consult with counsel or family before deciding whether to submit. State v. Vietor, 261 N.W.2d 828 (Iowa 1978).

IV. Breath-Test Foundation Defects

10. The breath instrument was not certified or properly maintained as required by Iowa Admin. Code 661—7.
11. The operator was not properly certified.
12. The test results lack proper foundation and are inadmissible.

V. Miranda Violations

13. Defendant was subjected to custodial interrogation without proper Miranda warnings; all post-arrest statements must be suppressed. Miranda v. Arizona, 384 U.S. 436 (1966).

WHEREFORE, Defendant respectfully requests that this Court suppress all evidence obtained from the unlawful stop, arrest, and testing, including but not limited to officer observations, statements, SFST results, PBT results, and the evidentiary chemical test result.

Hearing Requested.

Date: [__/__/____]
/s/ [Attorney Name], Iowa Bar No. [______]

PART 7 — APPLICATION FOR TEMPORARY RESTRICTED LICENSE (§ 321J.20)

To: Iowa Department of Transportation, Driver Services

Re: Application for Temporary Restricted License with Ignition Interlock
Applicant: [________________________________]
DL/Customer No.: [________________________________]
Revocation Effective Date: [__/__/____]

The Applicant, pursuant to Iowa Code § 321J.20, applies for a Temporary Restricted License authorizing operation to and from:

☐ Employment / in the course of employment
☐ Healthcare appointments
☐ Continuing education
☐ Substance use disorder treatment (§ 321J.24)
☐ Court-ordered community service
☐ Religious services
☐ Caretaking activities for a dependent

Required Showing

Statement of Hardship

[________________________________________________________________________
________________________________________________________________________
________________________________________________________________________]

Applicant Signature: _________________________ Date: [__/__/____]

PART 8 — PLEA NEGOTIATION WORKSHEET

A. Charge Analysis

B. State's Initial Offer

C. Defense Counter / Mitigation

D. Deferred Judgment Eligibility Checklist (§ 907.3 + § 321J.2(3)(b)(2))

☐ BAC ≤ .15
☐ No prior OWI conviction (any state)
☐ No prior OWI deferred judgment
☐ Did NOT refuse testing
☐ No bodily injury
☐ No simultaneous § 321J.279(2) eluding violation

If ALL boxes checked → Defendant is eligible for deferred judgment.

E. Collateral Consequences

F. Client Acknowledgment

I, [________________], have reviewed the plea offer, the deferred-judgment analysis, the collateral consequences, and the trial alternatives with my attorney. I authorize counsel to:

☐ Accept the offer
☐ Counter at: [________________]
☐ Reject and proceed to trial / motion practice

Client Signature: _________________________ Date: [__/__/____]
Attorney Signature: _________________________ Date: [__/__/____]

SOURCES AND REFERENCES

• Iowa Code Chapter 321J — https://www.legis.iowa.gov/docs/ico/chapter/321J.pdf
• Iowa Code § 907.3 (Deferred Judgment)
• Iowa Admin. Code 661—Ch. 7 (Breath-Test Standards)
• Iowa DOT Driver Services Appeals — https://iowadot.gov/drivers-licenses-ids/suspensions-revocations/appeals
• State v. Vietor, 261 N.W.2d 828 (Iowa 1978)
• Voss v. Iowa Dep't of Transp., 621 N.W.2d 208 (Iowa 2001)
• State v. Tague, 676 N.W.2d 197 (Iowa 2004)
• State v. Coleman, 890 N.W.2d 284 (Iowa 2017)
• NHTSA DWI Detection & Standardized Field Sobriety Testing Manual (current ed.)

DISCLAIMER: This template is a starting framework, not legal advice. The Iowa Code, IAC rules, and case law evolve; verify current authority before filing. Counsel must independently determine applicability to specific facts and tailor every filing accordingly.