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RanaJ

owi - iowa

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In December I was in a car accident, I fell asleep driving. I woke up when I hit those rumbles but 2 tires were in the grass and I was sliding towards the ditch ( it was really muddy ). I turned my wheel to get back on the interstate and slid sideways across it went down into the ditch came up out of the ditch and just happened to be landing at the rest area. I tried to turn my wheel, but there just wasn't enough room and I hit a parked semi. I tore the front bumper off landed and watched all the fluids drain from my car. Thank God I didn't hurt anyone. Needless to say I was pretty shaken up. State Troopers arrived almost immediately and started asking me questions wanted me checked out by the ambulance. I told them I had fallen asleep driving, they asked me if I had been drinking or doing any drug. I told them No. They asked me if I took any prescription drugs. I told them yes, but nothing that would impair my driving. A thyroid pill, water pill, heartburn pill, potassium, iron and folic acid. They asked to search my purse I gave consent. He found 1 gram of marijuana in the bottom of my purse. I was then arrested and charged with owi and possession. They gave me a breathalyzer I blew 0s they gave me a sobriety test following their finger I passed that also. I was then taken to the county jail and asked to do a urine test in which i refused. The OWI charge got dismissed. I called the DOT to see what I needed to do to get my license back and they said I have to do a chemical evaluation and take a drunk driving class. I asked why and they said because of the OWI charge I told them that it had been dismissed so why would I be punished for a charge I didn't get? She said oh it just disappeared I said No it got dismissed I was not guilty it was unfounded. She said they're separate from the courts and I needed to fax in a paper saying it was dismissed and put in a petition to reopen. So I did and they denied me because the request wasn't found to be unreasonable. I think since I had already passed 2 of their sobriety test that maybe it was. I feel like its just an excuse to get even more money, but regardless I can appeal their decision. Do you think it will do any good to appeal it or I should just forget it?

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Your license was suspended because you refused the urine test.  That has nothing to do with whether you were convicted or acquitted.  Your acquittal occurred, at least partially,  because you refused the test, which was objectively reasonable given the narration of the crash.  I don't see what basis you would have for appeal.

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When you refuse to submit to chemical testing, your license is revoked for a year for a first offense and two years for a subsequent offense. You will not be able to legally drive at all for 90 days, and then you make seek a restricted permit.

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But should I have to take the chemical evaluation and the drunk driving class since I didn't get the charge? It will be another $300 to pay for those. Not counting all the money I've already paid and the civil penalty and reinstatement fees I'm sure I will have to pay.

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The obligation to submit to the urine test is not directly related to the charges.  As a condition of acquiring the privilege of driving you agreed to take a test and agreed to give up your license if you refused.  The suspension of your right to drive is administrative and not criminal.

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