Appealing the loss of your driving or vehicle registration privileges
How do I know if I have a right to appeal?If you received notice of your sanction in an Official Notice, form number 431010, from the Iowa Department of Transportation, it will state whether you are entitled to an appeal.
Example statement #1
Example statement #2
If you received notice of your sanction in a Request and Notice Under Iowa Code Chapter 321J/Section 321.208, form number 432013 (also known as OWI Implied Consent form) from a law enforcement officer, your right to appeal is explained in that notice.
Is there a deadline for submitting an appeal?Yes. If you received an Official Notice, DOT form number 431010, which states that you have a right to appeal the sanction, the Official Notice will also include an appeal deadline. The appeal deadline may be different from the date the sanction will begin. Please read your notice carefully.
If a law enforcement officer gave you a Request and Notice under Iowa Code Chapter 321J/Section 321.208 (an OWI Implied Consent form), the deadline for appealing is 10 days from the date the officer gave you the form.
Your request for an appeal must be received by the Iowa DOT’s Office of Driver Services on or before the date indicated in the notice the DOT or law enforcement officer issued to you, which may be different from the date the sanction will begin. Please read your notice carefully.
Failure to request an appeal by the date specified in your notice will result in a denial of your request for an appeal.
If your appeal deadline falls on a weekend or state holiday, your appeal deadline will be extended to the next regular business day.
Submitting a request for an appealThe appeal may be made by completing the Request to Appeal Loss of Driving/Registration Privileges, Form 432034. Your request may be completed online, printed, signed, and mailed or faxed to:
Office of Driver Services
Iowa Department of Transportation
P.O. Box 9204
Des Moines, IA 50306-9204
The completed form may also be hand delivered to any Iowa DOT driver’s license issuance site.
To provide quality customer service to you, please include a copy of the Official Notice, form number 431010 you received from the Iowa DOT's Office of Driver Services or a copy of the Request and Notice Under Iowa Code Chapter 321J/Section 321.208, form number 432013 (also known as OWI Implied Consent form) you received from the law enforcement officer who stopped you.
If you have retained the services of an attorney, include your attorney’s name, address and phone number. If you have not yet secured an attorney but plan to, you may still submit your request for an appeal and notify the Iowa DOT of your attorney’s information once you have it.
A list of all of the information you may need in order to expedite your request is provided here for your convenience.
- Your full name (last, first and middle)
- Your date of birth
- Your driver's license number, Social Security number or customer number (customer number is printed on the Official Notice issued by the DOT)
- Your current mailing address (if different from your driver's license or identification (ID) card)
- Attorney information (attorney's name, address and telephone number)
- If notice of your sanction came from the DOT, a copy of the Official Notice, form number 431010, you received from the Iowa DOT. If you have received multiple sanction notices, provide a copy of each notice that you wish to appeal)
- If notice of your sanction came from a law enforcement officer, the OWI Implied Consent, form number 432013, you received from the law enforcement officer who stopped you
- Miscellaneous documents: any other information/documents that you would like to have considered by the reviewing officer
- Request for subpoena (if you are requesting production of any documents held by the DOT or a law enforcement agency for use at the hearing)
Being granted a stay orderIf you are entitled to an appeal, you may be eligible to stay/stop the loss of your driving/registration privileges while your case is being reviewed. Your driving/registration privileges will remain in the status you previously held at the time the Iowa DOT issued the sanction you are appealing.
- If you are already sanctioned for another violation, the Iowa DOT may be able to temporarily stop the new sanction against your driving and/or registration privileges while your case is being reviewed, but you will NOT have valid driving and/or registration privileges because you are currently sanctioned for other violations.
- If your driving/registration privileges were valid at the time the sanction was issued, the Iowa DOT may be able to temporarily stop the action against your driving/registration privileges while your case is being reviewed and you will have valid driving/registration privileges until a decision has been made on the appeal.
You will receive a stay order explaining whether you have been granted a stay and the status of your driving and/or registration privileges during this period. You are not authorized to operate and/or register motor vehicles until you have received a stay order that indicates you are authorized to do so. The following sanctions cannot be stayed during an appeal to the DOT:
- A suspension for incapability.
- A disqualification from operating a commercial motor vehicle.
- A suspension issued to a minor holding a graduated driver’s license under Iowa Code section 321.180B.
- A suspension or revocation for driving while denied, canceled, suspended, or revoked under Iowa Code section 321.218 or for driving while suspended, denied, revoked, or barred under Iowa Code section 321J.21.
Most sanctions have three levels of appeal.
The administrative appeal process
- At the first level, an Iowa DOT compliance officer will review your driving record, review any written statements and documentation you or your attorney submit on your behalf, and then mail the decision to you. If the sanction is upheld, you may be able to request another appeal at the second level. Your new official notice form will indicate whether or not you may continue through the appeal process.
- At the second level, the Iowa DOT will forward any documents submitted by you or your attorney, to the Iowa Department of Inspections and Appeals to be used in a telephone hearing with an administrative law judge and you or your attorney. If you withdraw your request for this appeal, the sanction will be upheld, and you will not be entitled to any further appeal of this sanction. If the telephone hearing is held and the sanction is upheld, you may be able to request another appeal at the third and final level. Your new official notice form will indicate whether or not you may continue through the appeal process. Appeal of an OWI revocation, a habitual offender bar, or a CDL disqualification will start at the second level of appeal.
- At the third and final level is a "Director's Review." The administrative law judge’s decision and all supporting documents are reviewed by a designee of the Iowa DOT’s director, who will issue a decision that will be mailed to you and your attorney. If the sanction is upheld, you will not be entitled to any further appeal of this sanction.
If you have further questions regarding the appeal processes, please refer to Iowa Administrative Rules available on the Internet at https://www.legis.iowa.gov/DOCS/ACO/IAC/LINC/Rule.761.615.38.pdf