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In Iowa what is the penalty for driving on a barred license?


A

There are six ways your driving privileges may be with­drawn in the state of Iowa: cancellation, suspension, revocation, barred, denial and disqualification (commercial license only).

Driving while your license is barred is a serious offense that can result in you serving a prison term. To show you the progression of offenses related to your driver's license and related points driving while your license has been suspended, denied, or revoked is 2 points. Driving after your license has been revoked for an alcohol- or drug-related offense is 3 points and driving while barred is 4 points. Thus driving while barred is more serious then driving on a suspended or revoked license or a license revoked due to a DUI.

In Iowa your license can be barred if you are found to be a habitual offender. The IA Department of Transportation tells us that you will be barred for 2 to 6 years per Iowa Code Section 321.555 (Paragraph 1) if you receive three or more of any combination of the following convictions in a six-year period:

  • manslaughter with a motor vehicle (6 points);
  • serious injury by vehicle (5 points);
  • eluding or attempting to elude pursuing law enforcement vehicles (5 points);
  • failure to stop and leave information or render aid at the scene of an accident in which you were involved as required by Iowa Code 321.263 (5 points);
  • an offense punishable as a felony under the motor vehicle laws of Iowa or any felony in the commission of which a motor vehicle is used (5 points);
  • conviction of driving while under the influence of alcohol or a drug or having an alcohol concentration of .08 or more (4 points);
  • conviction for driving while your license is barred (4 points);
  • conviction for driving while under an alcohol or drug-related revocation (3 points);
  • conviction for driving while your license is under suspension, revocation or denial (2 points);
  • perjury or the making of a false affidavit or statement under oath to the Department of Public Safety (2 points).

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Points are assigned to these violations listed above as we noted and the point's total you have accumulated when convicted of 3 or more these offense decides the amount of time your license will be barred. The points total and associated time your license will be barred is as follows:

  • 6-7 points come with license being barred for 2 years.
  • 8-9 points come with license being barred for 3 Years.
  • 10-12 points come with license being barred for 4 Years.
  • 13-15 points come with license being barred for 5 Years.
  • 16 + points come with license being barred for 6 Years.

Conviction of six moving violations committed within a 2 year period may cause you to be barred for one year from the date of judgment (per Iowa Code Section 321.555 Paragraph 2). Speeding convictions will count here if they are for 15 miles per hour or more over the speed limit.

Iowa Code 321.561 notes that it is unlawful for any person that is found to be a habitual offender to operate any motor vehicle in this state during the period of time when their driving privileges are taken away and a person violating this section commits an aggravated misdemeanor.

In Iowa there are 3 types of misdemeanors. There is a simple misdemeanor that comes with jail time of up to 30 days in a county jail and a fine between $65 and $625. A serious misdemeanor comes with penalties of up to a year in a county jail and a fine between $300 and $1875.

An aggravated misdemeanor is the most severe and is punishable with 2 years of imprisonment or up to a year in jail with a fine between $625 and $6250. In the case of aggravated misdemeanors, any conviction or deferred judgment within 12 years, no matter the state, counts as prior offenses. The number of offenses against an individual increases the fines and the amount of possible imprisonment.

Driving when barred is considered an aggravated misdemeanor and comes with very harsh penalties including a large fine and jail time or up to 2 years in prison.

There can also be other penalties on top of these if your license was barred due to driving while intoxicated. Iowa Code Section 321J.21 says that someone whose operating privilege has been suspended, denied, revoked, or barred due to a violation of this chapter [operating while intoxicated] and who drives a motor vehicle while the license or privilege is suspended, denied, revoked, or barred commits a serious misdemeanor. In addition to any other penalties, the punishment imposed for a violation of this includes a $1000 fine.

The IA law goes on to say that in addition to the fine, the department, upon receiving the record of the conviction of a person under this section upon a charge of driving a motor vehicle while the license of the person was suspended, denied, revoked, or barred shall extend the period of suspension, denial, revocation, or bar for an additional like period, and the department shall not issue a new license during the additional period.

When you are over your bar period and are ready to reinstate you license you will have a probationary period with the state. Per Iowa Code 321.210C when a person whose driver's license or operating privileges have been suspended, revoked, or barred for a conviction of a moving traffic violation or from being a habitual offender must satisfactorily complete a 12 probation period beginning immediately after the end of the period of suspension, revocation, or bar. Upon a second conviction of a moving traffic violation which occurred during the probation period, the department may suspend the driver's license or operating privileges for an additional period equal in duration to the original period of suspension, revocation, or bar, or for one year, whichever is the shorter period.

For more information about a license being barred, the penalties surrounding driving when barred and how to reinstate your license after your bar period is completed you can contact the IA Department of Transportation.

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