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The OWI Stop

Iowa Code § 321J.9 — a refusal revokes the license for one year, and a test over the limit for 180 days

An officer with reasonable grounds to believe a driver is violating the OWI laws, or after a crash with injury or death, may ask for a preliminary screening breath test. Its result helps decide whether to arrest or to request a chemical test, and is not used in court except to show the chemical test was properly requested.

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  • A driver is deemed to have consented to a chemical test of blood, breath or urine when there are reasonable grounds and a listed condition, such as an OWI arrest, a crash with injury, or a refused screening test.
  • The officer chooses which of the three is tested; refusing breath or urine counts as a refusal, and refusing blood leads to an offer of one of the others.
What happensLicense revoked for
What happensRefusing the test, no prior revocationLicense revoked forOne year
What happensRefusing the test, after a prior revocationLicense revoked forTwo years
What happensA test at or over the limit, no prior revocationLicense revoked for180 days
What happensA test at or over the limit, after a prior revocationLicense revoked forOne year

Ten days to ask for a hearing. The notice of revocation comes with a form, and it must be returned within ten days of receipt or the right to a hearing to contest the revocation is lost. A timely request gets a hearing within 45 days.

Testing is also limited by the Fourth Amendment. The Supreme Court of the United States has held that a breath test may be taken without a warrant as part of a lawful arrest for drunk driving and a blood test may not; that a driver may not be criminally punished for refusing a blood test where no warrant was obtained; and that the natural fall of alcohol in the blood does not by itself create an emergency excusing a warrant in every case, which is decided case by case on all the circumstances. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

  • Birchfield v. North Dakota
  • Missouri v. McNeely
Sources for this section (7)
  1. Iowa Code § 321J.5 — Preliminary screening test
  2. Iowa Code § 321J.6 — Implied consent to test
  3. Iowa Code § 321J.9 — Refusal to submit — revocation
  4. Iowa Code § 321J.12 — Test result revocation
  5. Iowa Code § 321J.13 — Hearing on revocation — appeal
  6. Birchfield v. North Dakota, 579 U.S. 438 (2016) — A breath test may be taken incident to arrest, a blood draw needs a warrant
  7. Missouri v. McNeely, 569 U.S. 141 (2013) — The natural fall of blood alcohol is not by itself an emergency justifying a warrantless draw

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Iowa attorney.

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