1. A person whose driver’s license or operating privilege has been denied, canceled,
suspended, or revoked as provided in this chapter or as provided in section 252J.8, and who
operates a motor vehicle upon the highways of this state while the license or privilege is
denied, canceled, suspended, or revoked, commits a simple misdemeanor. In addition to
any other penalties, the punishment imposed for a violation of this subsection shall include
assessment of a fine of not less than two hundred fifty dollars nor more than one thousand
five hundred dollars.
2. The sentence imposed under this section shall not be suspended by the court,
notwithstanding section 907.3 or any other statute.
3. a. The department, upon receiving the record of the conviction of a person under
this section upon a charge of operating a motor vehicle while the license of the person is
suspended or revoked, shall, except for licenses suspended under section 252J.8, section
321.210, subsection 1, paragraph “a”, subparagraph (3), or section 321.210A or 321.513,
extend the period of suspension or revocation for an additional like period or for one year,
whichever period is shorter.
b. If the department receives a record of a conviction of a person under this section but
the person’s driving record does not indicate what the original grounds of suspension were,
the period of suspension under this subsection shall be for a period not to exceed six months.
\n
Tue Dec 09 22:16:59 2025 Iowa Code 2026, Chapter 321 (137, 2)
165 MOTOR VEHICLES AND LAW OF THE ROAD, §321.222\n\n 4. A person who operates a commercial motor vehicle upon the highways of this state
when disqualified from operating the commercial motor vehicle under section 321.208 or
the imminent hazard provisions of 49 C.F.R. §383.52 commits a serious misdemeanor if a
commercial driver’s license or commercial learner’s permit is required for the person to
operate the commercial motor vehicle.
5. The department, upon receiving the record of a conviction of a person under this section
upon a charge of operating a commercial motor vehicle while the person is disqualified,
shall extend the period of disqualification for an additional like period or for the time period
specified in section 321.208, whichever is longer.
[C31, 35, §4960-d34, -d51; C39, §5015.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§321.218; 82 Acts, ch 1167, §4]
84 Acts, ch 1142, §1; 85 Acts, ch 195, §36; 86 Acts, ch 1220, §34; 89 Acts, ch 83, §43; 90 Acts,
ch 1230, §60; 93 Acts, ch 164, §4; 95 Acts, ch 48, §4; 96 Acts, ch 1090, §6, 7; 97 Acts, ch 104,
§17; 98 Acts, ch 1073, §9; 99 Acts, ch 153, §2; 2005 Acts, ch 8, §28; 2006 Acts, ch 1030, §36;
2009 Acts, ch 130, §12; 2010 Acts, ch 1061, §174; 2015 Acts, ch 123, §69; 2018 Acts, ch 1172,
§100, 104; 2021 Acts, ch 98, §1
Referred to in §321.211A, 321.241, 321J.4B, 321N.3, 901C.3
\n
Notes of Decisions
Cited in
30
cases (
2 in the last 5 years), 1947–2022 · leading case:
United States v. Brewer, 624 F.3d 900 (8th Cir. 2010).
United States v. Brewer, 624 F.3d 900 (8th Cir. 2010).
· cites it 2× “Here, Officer Moyle saw Brewer drive away from a drug transaction at the mall and, having already determined that Brewer had a suspended license, see Iowa Code § 321.218 , requested that a patrol officer stop Brewer.”
State v. Hildebrand, 280 N.W.2d 393 (Iowa 1979).
· cites it 2× “, § 321.218 ("The sentence imposed under this section shall not be suspended by the Court, notwithstanding the provisions of section 907.”
Wibben v. Iowa Dep't of Transp., Motor Veh. Div., 409 N.W.2d 475 (Iowa 1987).
· cites it 16× “As a result of those convictions, the department extended the license suspension for two years — one year for each of the two violations — in accordance with Iowa Code section 321.218, which provides in pertinent part: The department, upon receiving the record of the conviction…”
State v. Horness, 600 N.W.2d 294 (Iowa 1999).
· cites it 2× “2(l)(a), (b) (1997); (2) operating a motor vehicle while under suspension, in violation of Iowa Code section 321.218(1); and (3) child endangerment, in violation of Iowa Code section 726.”
White v. Iowa Dep't of Transp., 407 N.W.2d 606 (Iowa 1987).
· cites it 33× “1142, § 1 (codified at Iowa Code § 321.218 (1985)). Petitioner urges that the primary purpose of the 1984 amendment was merely to designate the offenses rather than to grant the DOT further authority to suspend drivers’ licenses in those cases involving persons suspended under…”
State v. Ayers, 590 N.W.2d 25 (Iowa 1999).
· cites it 2× “Some of the penalties we referred to in this passage from Chana included the following: Iowa Code section 321.218 (sentence imposed' for driving without valid license “shall not be suspended by the court, notwithstanding section 907.”
State v. Robbins, 257 N.W.2d 63 (Iowa 1977).
· cites it 2× “It is uncertain from the record whether the trial court’s decision was based upon the fact that § 321.218 provides a mandatory sentence for one convicted under that section for driving while his license is under suspension or whether, as the State suggests, because the use of…”
State v. Funke, 531 N.W.2d 124 (Iowa 1995).
· cites it 2× “See Iowa Code § 321.218 . Following his suspension, Funke purchased the required SR-22 insurance and his license was reinstated.”
State v. Campbell, 589 N.W.2d 705 (Iowa 1999).
· cites it 6× “561 (habitual offender who drives during barment may be convicted of aggravated misdemeanor); see also Iowa Code § 321.218 (4) (authorizing administrative extension of license suspension for person who drives while license suspended).”
State v. Ewoldt, 448 N.W.2d 676 (Iowa Ct. App. 1989).
· cites it 2× “Iowa Code § 321.218 (1987). Ewoldt was known by the officers to have had a recent OWI arrest.”
State v. Bartusek, 383 N.W.2d 582 (Iowa 1986).
· cites it 2× “He was arrested and separately charged with driving while under suspension in violation of Iowa Code section 321.218 (a simple misdemeanor) and section 321A.”
— Iowa Code § 321.218(1) — 3 cases
State v. Horness, 600 N.W.2d 294 (Iowa 1999).
“2(l)(a), (b) (1997); (2) operating a motor vehicle while under suspension, in violation of Iowa Code section 321.218(1); and (3) child endangerment, in violation of Iowa Code section 726.”
State v. Campbell, 589 N.W.2d 705 (Iowa 1999).
“561 (habitual offender who drives during barment may be convicted of aggravated misdemeanor); see also Iowa Code § 321.218 (4) (authorizing administrative extension of license suspension for person who drives while license suspended).”
— Iowa Code § 321.218(4) — 1 case
State v. Campbell, 589 N.W.2d 705 (Iowa 1999).
“561 (habitual offender who drives during barment may be convicted of aggravated misdemeanor); see also Iowa Code § 321.218 (4) (authorizing administrative extension of license suspension for person who drives while license suspended).”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.