Skip to main content
Robert G Rehkemper III

Robert Rehkemper’s Answers

9 total

  • Can a defense in Iowa for lookback be that in 46 other states the time is 10 years or less?

    Above

    Robert’s Answer

    No. If the offense occurred in Iowa, the look-back period is 12 years regardless of what other states provide.

    See question 
  • Does the IDOT have any right to withhold my driving privileges If I was charged but never convicted of a DUI?

    I was charged but pleaded guilty to a lesser, non driving related charge. I pleaded guilty to a charged of having a false/manufactured license.

    Robert’s Answer

    So long as the license suspension was upheld by the Department of Transportation or was not challenged initially and the test result or refusal was not suppressed (declared inadmissible by a judge), the license suspension will stand regardless of the outcome of the criminal charge.

    See question 
  • I got a DUI in Polk County, Iowa on 8/10/13 & have not been convicted yet. I would like to now move out of state.

    What do I need to do?

    Robert’s Answer

    If you have not been convicted yet, nothing prevents you from moving out of state so long as you appear at all of your required court dates unless you are on some sort of pretrial release or your bondsman has a condition that you not leave the state. If it is a first offense, Polk County probation will "monitor" you while you are out of State without any problems. Just make sure to get your substance abuse evaluation and drinking drivers program completed (48 hour course) here in the State of Iowa to avoid any problems with remaining holds on your driving privileges.

    See question 
  • I have a DUI charge dated back to 1998. Is there anyway to eliminate this from my records?

    In 1998 I was charged with DUI. It has been 12 years and it is still haunting me. I have had no other arrest. Can this be taken off my record?

    Robert’s Answer

    No. Iowa does not provide for expungments of criminal convictions from someones record. It will not be able to be used to enhance you if you receive another OWI charge but it cannot be expunged or removed from your record.

    See question 
  • Do I need to file for SR-22 insurance in Iowa if its been 4 years since dui and driving while suspended?

    I got an OWI 4 1/2 years ago...then a driving while suspended about a month later. I finally paid off my fines today and was wondering if I need to file for SR-22 in order to get my license back? I would think after so long I would not need to but...

    Robert’s Answer

    You need to contact hte Department of Transportation to find out if they have the SR-22 requirement still on your driving privileges. Ordinarily SR-22 filing is only required for two years following a suspension. It does not just have to be for OWI. If your driving privileges were reinstated within the past two years you will still need SR-22. The only way to be certain is to contact the Department of Transportation though and they will let you know.

    See question 
  • Restricted driving permit after i got an DUI

    Does my boss need to sign my temp work permit? I received an OWI and don't want to tell my employer.

    Robert’s Answer

    Yes. The DOT will not grant you a restricted license for work purposes without verification that you are employed. They also require confirmation about work schedule times and locations as well so yes the work verification portion of the form will will need to be signed by a representative of your employer.

    See question 
  • Deferred sentence in Iowa ?

    I am charged with an OWI 1st offense in Iowa, is there any chance of a deferred sentence if I blew .155 ? I took an independent blood test which has not yet been tested, it was taken approx an hour after I took the breath test. I know the law in I...

    Robert’s Answer

    If the test result of .155 is admissible and does not otherwise get suppressed than the judge cannot grant you a deferred judgment regardless of what the margin of error is and regardless of the result on your independent test. Your only chance is to find a legal and factual basis for the test result to be declared inadmissible in the criminal prosecution.

    See question 
  • 2nd OWI but convicted as first offense. Will the DOT view this as my first as well.

    I got my 2nd OWI but was able to get it brought down to my first offense, due to stipulations of my prior. I was wondering if the DOT will view this as my first offense as well, and if so will I be able to get my license reinstated sooner.

    Robert’s Answer

    Iowa DOT only looks at your driving record not your offense of conviction in criminal court. If the Iowa DOT has record that your driving privileges have previously been suspended in the State of Iowa or any other State within the past 12 years, they will treat the suspension as a second or subsequent offense and you will be looking at a 1 year suspension if you provided a chemical test result in excess of .08 or 2 years if you refused testing.

    See question 
  • Under iowa DUI / criminal laws is a DUI considered a felony

    I was convicted of DUI and served seven days in jail and had my drivers lic. supended. This was my second arrest for DUI. The first was reduced to reckless driving.

    Robert’s Answer

    No. If your first OWI arrest was amended to a reckless driving and you were subsequently convicted on another violation that would have been your first offense criminally under Iowa Law. OWI first offense in Iowa is only a serious misdemeanor.

    A 3rd OWI conviction in 12 years is categorized as a Class D Felony under Iowa law.

    See question