Iowa Admin. Code r. 761-615.17

Current through Register Vol. 46, No. 24, May 15, 2024
Rule 761-615.17 - Suspension for a serious violation
(1) The department may suspend a person's license when the person has committed a serious violation of the motor vehicle laws.
(2) "Serious violation" means that:
a. The person's conviction for a moving violation was accompanied by a written report from the arresting officer, the prosecuting attorney or the court indicating that the violation was unusually serious. The suspension period shall be at least 60 days.
b. The person was convicted of a moving violation which contributed to a fatal motor vehicle accident. The suspension period shall be at least 120 days.
c. The person was convicted for speeding 25 miles per hour (mph) or more above the legal limit. The minimum suspension period shall be as follows unless reduced by a driver's license hearing officer based on mitigating circumstances:

25 mph over the legal limit

60 days

26 mph over the legal limit

65 days

27 mph over the legal limit

70 days

28 mph over the legal limit

75 days

29 mph over the legal limit

80 days

30 mph over the legal limit

90 days

31 mph over the legal limit

100 days

32 mph over the legal limit

110 days

33 mph over the legal limit

120 days

34 mph over the legal limit

130 days

35 mph over the legal limit

140 days

36 mph over the legal limit

150 days

37 mph over the legal limit

160 days

38 mph over the legal limit

170 days

39 mph over the legal limit

180 days

40 mph over the legal limit

190 days

41 mph over the legal limit

210 days

42 mph over the legal limit

230 days

43 mph over the legal limit

250 days

44 mph over the legal limit

270 days

45 mph over the legal limit

290 days

46 mph over the legal limit

310 days

47 mph over the legal limit

330 days

48 mph over the legal limit

350 days

49 mph or more over the legal limit

one year

d. The person was convicted of violating Iowa Code section 321.372(3) or a similar ordinance of any political subdivision. The suspension period shall be:
(1) 30 days for a first conviction unless otherwise provided in subparagraph 615.43(1) "a"(4).
(2) 90 days for a second conviction.
(3) 180 days for a third or subsequent conviction.
e. The person was convicted of violating Iowa Code section 321.323A or a similar ordinance of any political subdivision. The suspension period shall be:
(1) 90 days for a violation causing property damage only to the property of another person.
(2) 180 days for a violation causing bodily injury to another person.
(3) One year for a violation causing death.

This rule is intended to implement Iowa Code sections 321.210, 321.323A, 321.372 and 321.491.

Iowa Admin. Code r. 761-615.17

ARC 0250C, IAB 8/8/12, effective 9/12/12; ARC 0309C, IAB 9/5/12, effective 8/15/12
Amended by IAB November 7, 2018/Volume XLI, Number 10, effective 12/12/2018
Amended by IAB November 6, 2019/Volume XLII, Number 10, effective 12/11/2019
Amended by IAB April 8, 2020/Volume XLII, Number 21, effective 5/13/2020