Iowa Admin. Code r. 761-615.9

Current through Register Vol. 46, No. 24, May 15, 2024
Rule 761-615.9 - Habitual offender
(1) The department shall declare a person to be a habitual offender under Iowa Code section 321.555(1) in accordance with the following point system:
a. Points shall be assigned to convictions as follows:

Conviction

Points

Perjury or the making of a false affidavit or statement under oath to the department of public safety

2 points

Driving while under suspension, revocation or denial (except Iowa Code chapter 32 J)

2 points

Driving while under Iowa Code chapter 321J revocation or denial

3 points

Driving while barred

4 points

Operating a motor vehicle in violation of Iowa Code section 321J.2

4 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

Failure to stop and leave information or to render aid as required by Iowa Code sections 321.261 and 321.263

5 points

Eluding or attempting to elude a pursuing law enforcement vehicle in violation of Iowa Code section 321.279

5 points

Serious injury by a vehicle in violation of Iowa Code section 707.6A(4)

5 points

Manslaughter resulting from the operation of a motor vehicle

6 points

b. Based on the points accumulated, the person shall be barred from operating a motor vehicle on the highways of this state as follows:

Points

Length of bar

6-7

2 years

8-9

3 years

10-12

4 years

13-15

5 years

16+

6 years

(2) A person declared to be a habitual offender under Iowa Code subsection 321.555(2) shall be barred from operating a motor vehicle on the highways of this state for one year.
(3) A person declared to be a habitual offender under Iowa Code section 321.560 shall be barred from operating a motor vehicle on the highways of this state beginning on the date the previous bar expires.

This rule is intended to implement Iowa Code sections 321.555, 321.556 and 321.560.

Iowa Admin. Code r. 761-615.9

Amended by IAB November 7, 2018/Volume XLI, Number 10, effective 12/12/2018