Iowa – IA Code Chapter 321J

Iowa Code 321J.1

321J.1 DEFINITIONS

As used in this chapter unless the context otherwise requires:

1. “Alcohol concentration” means the number of grams of
alcohol per any of the following:
a. One hundred milliliters of blood.
b. Two hundred ten liters of breath.
c. Sixty-seven milliliters of urine.

2. “Alcoholic beverage” includes alcohol, wine, spirits,
beer, or any other beverage which contains ethyl alcohol and is fit
for human consumption.

3. “Arrest” includes but is not limited to taking into
custody pursuant to section 232.19.

4. “Controlled substance” means any drug, substance, or
compound that is listed in section 124.204 or 124.206, or any
metabolite or derivative of the drug, substance, or compound.

5. “Department” means the state department of transportation.

6. “Director” means the director of transportation or the
director’s designee.

7. “Driver’s license” means any license or permit issued to a
person to operate a motor vehicle on the highways of this state,
including but not limited to a driver’s, commercial driver’s,
temporary restricted, or temporary license and an instruction,
chauffeur’s instruction, commercial driver’s instruction, or
temporary permit.

8. “Peace officer” means:
a. A member of the state patrol.
b. A police officer under civil service as provided in
chapter 400.
c. A sheriff.
d. A regular deputy sheriff who has had formal police
training.
e. Any other law enforcement officer who has satisfactorily
completed an approved course relating to motor vehicle operators
under the influence of alcoholic beverages at the Iowa law
enforcement academy or a law enforcement training program approved by
the department of public safety.

9. “Serious injury” means a bodily injury which creates a
substantial risk of death, or which causes serious permanent
disfigurement, or which causes protracted loss or impairment of the
function of any bodily organ or major bodily member, or which causes
the loss of any bodily member.
Section History: Recent Form

86 Acts, ch 1220, §1; 90 Acts, ch 1230, § 83; 98 Acts, ch 1073,
§9; 98 Acts, ch 1074, §27; 98 Acts, ch 1138, §10; 2001 Acts, ch 132,
§16; 2005 Acts, ch 35, §31
Referred to in § 321.208, 321J.2A, 707.6A

321J.1A DRUNK DRIVING PUBLIC EDUCATION CAMPAIGN —
PAMPHLETS.

1. The department of public safety, the governor’s traffic safety
bureau, the state department of transportation, the governor, and the
attorney general shall cooperate in an ongoing public education
campaign to inform the citizens of this state of the dangers and the
specific legal consequences of driving drunk in this state. The
entities shall use their best efforts to utilize all available
opportunities for making public service announcements on television
and radio broadcasts, and to obtain and utilize federal funds for
highway safety and other grants in conducting the public education
campaign.

2. The department shall publish pamphlets containing the criminal
and administrative penalties for drunk driving, and related laws,
rules, instructions, and explanatory matter. This information may be
included in publications containing information related to other
motor vehicle laws, issued pursuant to section 321.15. Copies of the
pamphlets shall be given wide distribution, and a supply shall be
made available to each county treasurer.
Section History: Recent Form

97 Acts, ch 177, §3; 2004 Acts, ch 1013, §30, 35

321J.2 OPERATING WHILE UNDER THE INFLUENCE OF ALCOHOL
OR A DRUG OR WHILE HAVING AN ALCOHOL CONCENTRATION OF .08 OR MORE
(OWI).

1. A person commits the offense of operating while intoxicated if
the person operates a motor vehicle in this state in any of the
following conditions:
a. While under the influence of an alcoholic beverage or
other drug or a combination of such substances.
b. While having an alcohol concentration of .08 or more.
c. While any amount of a controlled substance is present in
the person, as measured in the person’s blood or urine.

2. A person who violates subsection 1 commits:
a. A serious misdemeanor for the first offense, punishable by
all of the following:
(1) Imprisonment in the county jail for not less than forty-eight
hours, to be served as ordered by the court, less credit for any time
the person was confined in a jail or detention facility following
arrest or for any time the person spent in a court-ordered
operating-while-intoxicated program that provides law enforcement
security. However, the court, in ordering service of the sentence
and in its discretion, may accommodate the defendant’s work schedule.

(2) Assessment of a fine of one thousand two hundred fifty
dollars. However, in the discretion of the court, if no personal or
property injury has resulted from the defendant’s actions, the court
may waive up to six hundred twenty-five dollars of the fine when the
defendant presents to the court at the end of the minimum period of
ineligibility, a temporary restricted license issued pursuant to
section 321J.20. As an alternative to a portion or all of the fine,
the court may order the person to perform unpaid community service.

(3) Revocation of the person’s driver’s license pursuant to
section 321J.4, subsection 1, section 321J.9, or section 321J.12,
subsection 2, which includes a minimum revocation period of one
hundred eighty days, and may involve a revocation period of one year.
A revocation under section 321J.9 includes a minimum period of
ineligibility for a temporary restricted license of ninety days.
(a) A defendant whose alcohol concentration is .08 or more but
not more than .10 shall not be eligible for any temporary restricted
license for at least thirty days if a test was obtained and an
accident resulting in personal injury or property damage occurred.
The defendant shall be ordered to install an ignition interlock
device of a type approved by the commissioner of public safety on all
vehicles owned or operated by the defendant if the defendant seeks a
temporary restricted license. There shall be no such period of
ineligibility if no such accident occurred, and the defendant shall
not be ordered to install an ignition interlock device.
(b) A defendant whose alcohol concentration is more than .10
shall not be eligible for any temporary restricted license for at
least thirty days if a test was obtained, and an accident resulting
in personal injury or property damage occurred or the defendant’s
alcohol concentration exceeded .15. There shall be no such period of
ineligibility if no such accident occurred and the defendant’s
alcohol concentration did not exceed .15. In either case, where a
defendant’s alcohol concentration is more than .10, the defendant
shall be ordered to install an ignition interlock device of a type
approved by the commissioner of public safety on all vehicles owned
or operated by the defendant if the defendant seeks a temporary
restricted license.

(4) Assignment to substance abuse evaluation and treatment, a
course for drinking drivers, and, if available and appropriate, a
reality education substance abuse prevention program pursuant to
subsection 3.

b. An aggravated misdemeanor for a second offense, and shall
be imprisoned in the county jail or community-based correctional
facility not less than seven days, and assessed a fine of not less
than one thousand eight hundred seventy-five dollars nor more than
six thousand two hundred fifty dollars.

c. A class “D” felony for a third offense and each subsequent
offense, and shall be committed to the custody of the director of the
department of corrections for an indeterminate term not to exceed
five years, shall be confined for a mandatory minimum term of thirty
days, and shall be assessed a fine of not less than three thousand
one hundred twenty-five dollars nor more than nine thousand three
hundred seventy-five dollars.

(1) If the court does not suspend a person’s sentence of
commitment to the custody of the director of the department of
corrections under this paragraph “c”, the person shall be
assigned to a facility pursuant to section 904.513.

(2) If the court suspends a person’s sentence of commitment to
the custody of the director of the department of corrections under
this paragraph “c”, the court shall order the person to serve not
less than thirty days nor more than one year in the county jail, and
the person may be committed to treatment in the community under
section 907.6.

3. a. Notwithstanding the provisions of sections 901.5 and
907.3, the court shall not defer judgment or sentencing, or suspend
execution of any mandatory minimum sentence of incarceration
applicable to the defendant under subsection 2, and shall not suspend
execution of any other part of a sentence not involving incarceration
imposed pursuant to subsection 2, if any of the following apply:

(1) If the defendant’s alcohol concentration established by the
results of an analysis of a specimen of the defendant’s blood,
breath, or urine withdrawn in accordance with this chapter exceeds
.15, regardless of whether or not the alcohol concentration indicated
by the chemical test minus the established margin of error inherent
in the device or method used to conduct the test equals an alcohol
concentration of .15 or more.

(2) If the defendant has previously been convicted of a violation
of subsection 1 or a statute in another state substantially
corresponding to subsection 1.

(3) If the defendant has previously received a deferred judgment
or sentence for a violation of subsection 1 or for a violation of a
statute in another state substantially corresponding to subsection 1.

(4) If the defendant refused to consent to testing requested in
accordance with section 321J.6.

(5) If the offense under this chapter results in bodily injury to
a person other than the defendant.
b. All persons convicted of an offense under subsection 2
shall be ordered, at the person’s expense, to undergo, prior to
sentencing, a substance abuse evaluation.
c. Where the program is available and is appropriate for the
convicted person, a person convicted of an offense under subsection 2
shall be ordered to participate in a reality education substance
abuse prevention program as provided in section 321J.24.
d. A minimum term of imprisonment in a county jail or
community-based correctional facility imposed on a person convicted
of a second or subsequent offense under subsection 2 shall be served
on consecutive days. However, if the sentencing court finds that
service of the full minimum term on consecutive days would work an
undue hardship on the person, or finds that sufficient jail space is
not available and is not reasonably expected to become available
within four months after sentencing to incarcerate the person serving
the minimum sentence on consecutive days, the court may order the
person to serve the minimum term in segments of at least forty-eight
hours and to perform a specified number of hours of unpaid community
service as deemed appropriate by the sentencing court.

4. In determining if a violation charged is a second or
subsequent offense for purposes of criminal sentencing or license
revocation under this chapter:
a. Any conviction or revocation deleted from motor vehicle
operating records pursuant to section 321.12 shall not be considered
as a previous offense.
b. Deferred judgments entered pursuant to section 907.3 for
violations of this section shall be counted as previous offenses.
c. Convictions or the equivalent of deferred judgments for
violations in any other states under statutes substantially
corresponding to this section shall be counted as previous offenses.
The courts shall judicially notice the statutes of other states which
define offenses substantially equivalent to the one defined in this
section and can therefore be considered corresponding statutes. Each
previous violation on which conviction or deferral of judgment was
entered prior to the date of the violation charged shall be
considered and counted as a separate previous offense.

5. A person shall not be convicted and sentenced for more than
one violation of this section for actions arising out of the same
event or occurrence, even if the event or occurrence involves more
than one of the conditions specified in subsection 1.

6. The clerk of the district court shall immediately certify to
the department a true copy of each order entered with respect to
deferral of judgment, deferral of sentence, or pronouncement of
judgment and sentence for a defendant under this section.

7. a. This section does not apply to a person operating a
motor vehicle while under the influence of a drug if the substance
was prescribed for the person and was taken under the prescription
and in accordance with the directions of a medical practitioner as
defined in chapter 155A or if the substance was dispensed by a
pharmacist without a prescription pursuant to the rules of the board
of pharmacy, if there is no evidence of the consumption of alcohol
and the medical practitioner or pharmacist had not directed the
person to refrain from operating a motor vehicle.

b. When charged with a violation of subsection 1, paragraph
“c”, a person may assert, as an affirmative defense, that the
controlled substance present in the person’s blood or urine was
prescribed or dispensed for the person and was taken in accordance
with the directions of a practitioner and the labeling directions of
the pharmacy, as that person and place of business are defined in
section 155A.3.

8. In any prosecution under this section, evidence of the results
of analysis of a specimen of the defendant’s blood, breath, or urine
is admissible upon proof of a proper foundation.

a. The alcohol concentration established by the results of an
analysis of a specimen of the defendant’s blood, breath, or urine
withdrawn within two hours after the defendant was driving or in
physical control of a motor vehicle is presumed to be the alcohol
concentration at the time of driving or being in physical control of
the motor vehicle.

b. The presence of a controlled substance or other drug
established by the results of analysis of a specimen of the
defendant’s blood or urine withdrawn within two hours after the
defendant was driving or in physical control of a motor vehicle is
presumed to show the presence of such controlled substance or other
drug in the defendant at the time of driving or being in physical
control of the motor vehicle.

c. The department of public safety shall adopt nationally
accepted standards for determining detectable levels of controlled
substances in the division of criminal investigation’s initial
laboratory screening test for controlled substances.

9. a. In addition to any fine or penalty imposed under this
chapter, the court shall order a defendant convicted of or receiving
a deferred judgment for a violation of this section to make
restitution for damages resulting directly from the violation, to the
victim, pursuant to chapter 910. An amount paid pursuant to this
restitution order shall be credited toward any adverse judgment in a
subsequent civil proceeding arising from the same occurrence.
However, other than establishing a credit, a restitution proceeding
pursuant to this section shall not be given evidentiary or preclusive
effect in a subsequent civil proceeding arising from the same
occurrence.

b. The court may order restitution paid to any public agency
for the costs of the emergency response resulting from the actions
constituting a violation of this section, not exceeding five hundred
dollars per public agency for each such response. For the purposes
of this paragraph, “emergency response” means any incident
requiring response by fire fighting, law enforcement, ambulance,
medical, or other emergency services. A public agency seeking such
restitution shall consult with the county attorney regarding the
expenses incurred by the public agency, and the county attorney may
include the expenses in the statement of pecuniary damages pursuant
to section 910.3.

10. In any prosecution under this section, the results of a
chemical test shall not be used to prove a violation of subsection 1,
paragraph “b” or “c”, if the alcohol, controlled substance,
or other drug concentration indicated by the chemical test minus the
established margin of error inherent in the device or method used to
conduct the chemical test does not equal or exceed the level
prohibited by subsection 1, paragraph “b” or “c”.
&nbsection History: Recent Form

86 Acts, ch 1220, § 2; 87 Acts, ch 118, § 4; 87 Acts, ch 215, §
46; 90 Acts, ch 1233, § 20; 90 Acts, ch 1251, § 33; 97 Acts, ch 177,
§4, 5; 98 Acts, ch 1073, § 9; 98 Acts, ch 1100, §50; 98 Acts, ch
1138, § 2, 3, 11–13, 37; 99 Acts, ch 96, §36; 2000 Acts, ch 1118,
§1; 2000 Acts, ch 1135, §1; 2002 Acts, ch 1042, §1; 2003 Acts, ch 60,
§1, 2; 2003 Acts, ch 179, §120; 2003 Acts, 1st Ex, ch 2, §48, 209;
2006 Acts, ch 1010, § 90; 2006 Acts, ch 1166, § 1–3; 2007 Acts, ch
10, §174
Referred to in § 232.22, 321.12, 321.208, 321.213, 321.279,
321.555, 321J.2A, 321J.2B, 321J.3, 321J.4, 321J.4B, 321J.5, 321J.6,
321J.8, 321J.9, 321J.10, 321J.10A, 321J.12, 321J.13, 321J.15,
321J.16, 321J.17, 321J.20, 321J.22, 321J.24, 321J.25, 602.8102(51),
707.6A, 804.31, 902.3, 907.3, 910.1, 910.2, 910.3, 915.80
For provisions relating to third offense OWI driver’s license
revocations and restoration of driving privileges, see 99 Acts, ch
153, §25

321J.2A PERSONS UNDER THE AGE OF TWENTY-ONE.

A person who is under the age of twenty-one shall not operate a
motor vehicle while having an alcohol concentration, as defined under
section 321J.1, of .02 or more. The driver’s license or nonresident
operating privilege of a person who is under the age of twenty-one
and who operates a motor vehicle while having an alcohol
concentration of .02 or more shall be revoked by the department for
the period of time specified under section 321J.12. A revocation
under this section shall not preclude a prosecution or conviction
under any applicable criminal provisions of this chapter. However,
if the person is convicted of a criminal offense under section
321J.2, the revocation imposed under this section shall be superseded
by any revocation imposed as a result of the conviction.
In any proceeding regarding a revocation under this section,
evidence of the results of analysis of a specimen of the defendant’s
blood, breath, or urine is admissible upon proof of a proper
foundation. The alcohol concentration established by the results of
an analysis of a specimen of the defendant’s blood, breath, or urine
withdrawn within two hours after the defendant was driving or in
physical control of a motor vehicle is presumed to be the alcohol
concentration at the time of driving or being in physical control of
the motor vehicle.
Section History: Recent Form

95 Acts, ch 48, §7; 98 Acts, ch 1073, §9
Referred to in § 321.12, 321A.17, 321J.2B, 321J.4, 321J.5, 321J.6,
321J.8, 321J.9, 321J.10A, 321J.12, 321J.13, 321J.15, 321J.16,
321J.20, 321J.25

321J.2B PARENTAL AND SCHOOL NOTIFICATION — PERSONS
UNDER EIGHTEEN YEARS OF AGE.

1. A peace officer shall make a reasonable effort to identify a
person under the age of eighteen who violates section 321J.2 or
321J.2A and, if the person is not referred to juvenile court, the law
enforcement agency of which the peace officer is an employee shall
make a reasonable attempt to notify the person’s custodial parent or
legal guardian of the violation, whether or not the person is taken
into custody, unless the officer has reasonable grounds to believe
that notification is not in the best interests of the person or will
endanger that person.

2. The peace officer shall also make a reasonable effort to
identify the elementary or secondary school which the person attends
if the person is enrolled in elementary or secondary school and to
notify the superintendent or the superintendent’s designee of the
school which the person attends, or the authorities in charge of the
nonpublic school which the person attends, of the violation. If the
person is taken into custody, the peace officer shall notify a
juvenile court officer who shall make a reasonable effort to identify
the elementary or secondary school the person attends, if any, and to
notify the superintendent of the school district or the
superintendent’s designee, or the authorities in charge of the
nonpublic school, of the violation. A reasonable attempt to notify
the person includes, but is not limited to, a telephone call or
notice by first-class mail.
Section History: Recent Form

2000 Acts, ch 1138, §4

321J.3 SUBSTANCE ABUSE EVALUATION OR TREATMENT —
RULES

1. a. In addition to orders issued pursuant to section
321J.2, subsection 3, and section 321J.17, the court shall order any
defendant convicted under section 321J.2 to follow the
recommendations proposed in the substance abuse evaluation for
appropriate substance abuse treatment for the defendant.
Court-ordered substance abuse treatment is subject to the periodic
reporting requirements of section 125.86.

b. If a defendant is committed by the court to a substance
abuse treatment facility, the administrator of the facility shall
report to the court when it is determined that the defendant hasreceived the maximum benefit of treatment at the facility and the
defendant shall be released from the facility. The time for which
the defendant is committed for treatment shall be credited against
the defendant’s sentence.

c. The court may prescribe the length of time for the
evaluation and treatment or it may request that the community college
conducting the course for drinking drivers which the person is
ordered to attend or the treatment program to which the person is
committed immediately report to the court when the person has
received maximum benefit from the course for drinking drivers or
treatment program or has recovered from the person’s addiction,
dependency, or tendency to chronically abuse alcohol or drugs.

d. Upon successfully completing a course for drinking drivers
or an ordered substance abuse treatment program, a court may place
the person on probation for six months and as a condition of
probation, the person shall attend a program providing posttreatment
services relating to substance abuse as approved by the court.

e. A person committed under this section who does not possess
sufficient income or estate to make payment of the costs of the
treatment in whole or in part shall be considered a state patient and
the costs of treatment shall be paid as provided in section 125.44.

f. A defendant who fails to carry out the order of the court
shall be confined in the county jail for twenty days in addition to
any other imprisonment ordered by the court or may be ordered to
perform unpaid community service work, and shall be placed on
probation for one year with a violation of this probation punishable
as contempt of court.

g. In addition to any other condition of probation, the
person shall attend a program providing substance abuse prevention
services or posttreatment services related to substance abuse as
ordered by the court. The person shall report to the person’s
probation officer as ordered concerning proof of attendance at the
treatment program or posttreatment program ordered by the court.
Failure to attend or complete the program shall be considered a
violation of probation and is punishable as contempt of court.

2. a. Upon a second or subsequent offense in violation of
section 321J.2, the court upon hearing may commit the defendant for
inpatient treatment of alcoholism or drug addiction or dependency to
any hospital, institution, or community correctional facility in Iowa
providing such treatment. The time for which the defendant is
committed for treatment shall be credited against the defendant’s
sentence.

b. The court may prescribe the length of time for the
evaluation and treatment or it may request that the hospital to which
the person is committed immediately report to the court when the
person has received maximum benefit from the program of the hospital
or institution or has recovered from the person’s addiction,
dependency, or tendency to chronically abuse alcohol or drugs.

c. A person committed under this section who does not possess
sufficient income or estate to make payment of the costs of the
treatment in whole or in part shall be considered a state patient and
the costs of treatment shall be paid as provided in section 125.44.

3. The state department of transportation, in cooperation with
the judicial branch, shall adopt rules, pursuant to the procedure in
section 125.33, regarding the assignment of persons ordered under
section 321J.17 to submit to substance abuse evaluation and
treatment. The rules shall be applicable only to persons other than
those committed to the custody of the director of the department of
corrections under section 321J.2. The rules shall be consistent with
the practices and procedures of the judicial branch in sentencing
persons to substance abuse evaluation and treatment under section
321J.2. The rules shall include the requirement that the treatment
programs utilized by a person pursuant to an order of the department
meet the licensure standards of the department of public health for
substance abuse treatment programs under chapter 125. The rules
shall also include provisions for payment of costs by the offenders,
including insurance reimbursement on behalf of offenders, or other
forms of funding, and shall also address reporting requirements of
the facility, consistent with the provisions of sections 125.84 and
125.86. The department shall be entitled to treatment information
contained in reports to the department, notwithstanding any provision
of chapter 125 that would restrict department access to treatment
information and records.
Section History: Recent Form

86 Acts, ch 1220, § 3; 87 Acts, ch 118, § 5; 90 Acts, ch 1251, §
34; 90 Acts, ch 1253, § 120; 97 Acts, ch 177, §6, 7; 98 Acts, ch
1047, §28; 2006 Acts, ch 1010, §91
Referred to in § 125.44, 321.213

321J.4 REVOCATION OF LICENSE — IGNITION INTERLOCK
DEVICES — CONDITIONAL TEMPORARY RESTRICTED LICENSE

1. If a defendant is convicted of a violation of section 321J.2
and the defendant’s driver’s license or nonresident operating
privilege has not been revoked under section 321J.9 or 321J.12 for
the occurrence from which the arrest arose, the department shall
revoke the defendant’s driver’s license or nonresident operating
privilege for one hundred eighty days if the defendant has had no
previous conviction or revocation under this chapter. The defendant
shall not be eligible for any temporary restricted license for at
least ninety days if a test was refused under section 321J.9.

a. A defendant whose alcohol concentration is .08 or more but
not more than .10 shall not be eligible for any temporary restricted
license for at least thirty days if a test was obtained and an
accident resulting in personal injury or property damage occurred.
The defendant shall be ordered to install an ignition interlock
device of a type approved by the commissioner of public safety on all
vehicles owned or operated by the defendant if the defendant seeks a
temporary restricted license. There shall be no such period of
ineligibility if no such accident occurred, and the defendant shall
not be ordered to install an ignition interlock device.

b. A defendant whose alcohol concentration is more than .10
shall not be eligible for any temporary restricted license for at
least thirty days if a test was obtained and an accident resulting in
personal injury or property damage occurred or the defendant’s
alcohol concentration exceeded .15. There shall be no such period of
ineligibility if no such accident occurred and the defendant’s
alcohol concentration did not exceed .15. In either case, where a
defendant’s alcohol concentration is more than .10, the defendant
shall be ordered to install an ignition interlock device of a type
approved by the commissioner of public safety on all vehicles owned
or operated by the defendant if the defendant seeks a temporary
restricted license.

c. If the defendant is under the age of twenty-one, the
defendant shall not be eligible for a temporary restricted license
for at least sixty days after the effective date of revocation.

2. If a defendant is convicted of a violation of section 321J.2,
and the defendant’s driver’s license or nonresident operating
privilege has not already been revoked under section 321J.9 or
321J.12 for the occurrence from which the arrest arose, the
department shall revoke the defendant’s driver’s license or
nonresident operating privilege for two years if the defendant has
had a previous conviction or revocation under this chapter. The
defendant shall not be eligible for any temporary restricted license
for forty-five days after the effective date of revocation. The
defendant shall be ordered to install an ignition interlock device of
a type approved by the commissioner of public safety on all vehicles
owned by the defendant if the defendant seeks a temporary restricted
license at the end of the minimum period of ineligibility. A
temporary restricted license shall not be granted by the department
until the defendant installs the ignition interlock device.

3. If the court defers judgment pursuant to section 907.3 for a
violation of section 321J.2, and if the defendant’s driver’s license
or nonresident operating privilege has not been revoked under section
321J.9 or 321J.12, or has not otherwise been revoked for the
occurrence from which the arrest arose, the department shall revoke
the defendant’s driver’s license or nonresident operating privilege
for a period of not less than thirty days nor more than ninety days.
The defendant shall not be eligible for any temporary restricted
license for at least ninety days if a test was refused.

c. If the defendant is under the age of twenty-one, the
defendant shall not be eligible for a temporary restricted license
for at least sixty days after the effective date of the revocation.

4. Upon a plea or verdict of guilty of a third or subsequent
violation of section 321J.2, the court shall order the department to
revoke the defendant’s driver’s license or nonresident operating
privilege for a period of six years. The defendant shall not be
eligible for a temporary restricted license for at least one year
after the effective date of the revocation. The court shall require
the defendant to surrender to it all Iowa licenses or permits held by
the defendant, which the court shall forward to the department with a
copy of the order for revocation. The defendant shall be ordered to
install an ignition interlock device of a type approved by the
commissioner of public safety on all vehicles owned by the defendant
if the defendant seeks a temporary restricted license at the end of
the minimum period of ineligibility. A temporary restricted license
shall not be granted by the department until the defendant installs
the ignition interlock device.

5. Upon a plea or verdict of guilty of a violation of section
321J.2 which involved a personal injury, the court shall determine in
open court, from consideration of the information in the file and any
other evidence the parties may submit, whether a serious injury was
sustained by any person other than the defendant and, if so, whether
the defendant’s conduct in violation of section 321J.2 caused the
serious injury. If the court so determines, the court shall order
the department to revoke the defendant’s driver’s license or
nonresident operating privilege for a period of one year in addition
to any other period of suspension or revocation. The defendant shall
not be eligible for any temporary restricted license until the
minimum period of ineligibility has expired under this section or
section 321J.9, 321J.12, or 321J.20. The defendant shall surrender
to the court any Iowa license or permit and the court shall forward
it to the department with a copy of the order for revocation.

6. Upon a plea or verdict of guilty of a violation of section
321J.2 which involved a death, the court shall determine in open
court, from consideration of the information in the file and any
other evidence the parties may submit, whether a death occurred and,
if so, whether the defendant’s conduct in violation of section 321J.2
caused the death. If the court so determines, the court shall order
the department to revoke the defendant’s driver’s license or
nonresident operating privilege for a period of six years. The
defendant shall not be eligible for any temporary restricted license
for at least two years after the revocation. The defendant shall
surrender to the court any Iowa license or permit and the court shall
forward it to the department with a copy of the order for revocation.

7. If a license or permit to operate a motor vehicle is revoked
or denied under this section or section 321J.9 or 321J.12, the period
of revocation or denial shall be the period provided for such a
revocation or until the defendant reaches the age of eighteen
whichever period is longer.

8. a. On a conviction for or as a condition of a deferred
judgment for a violation of section 321J.2, the court may order the
defendant to install ignition interlock devices of a type approved by
the commissioner of public safety on all motor vehicles owned or
operated by the defendant which, without tampering or the
intervention of another person, would prevent the defendant from
operating the motor vehicle with an alcohol concentration greater
than a level set by rule of the commissioner of public safety.

b. The commissioner of public safety shall adopt rules to
approve certain ignition interlock devices and the means of
installation of the devices, and shall establish the level of alcohol
concentration beyond which an ignition interlock device will not
allow operation of the motor vehicle in which it is installed.

c. The order to install ignition interlock devices shall
remain in effect for a period of time as determined by the court
which shall not exceed the maximum term of imprisonment which the
court could have imposed according to the nature of the violation.
While the order is in effect, the defendant shall not operate a motor
vehicle which does not have an approved ignition interlock device
installed.

d. If the defendant’s driver’s license or nonresident
operating privilege has been revoked, the department shall not issue
a temporary permit or a driver’s license to the person without
certification that approved ignition interlock devices have been
installed in all motor vehicles owned or operated by the defendant
while the order is in effect.

e. A defendant who fails within a reasonable time to comply
with an order to install an approved ignition interlock device may be
declared in contempt of court and punished accordingly.

f. A person who tampers with or circumvents an ignition
interlock device installed under a court order while an order is in
effect commits a serious misdemeanor.

9. a. A person whose noncommercial driver’s license has
either been revoked under this chapter, or revoked or suspended under
chapter 321 solely for violations of this chapter, or who has been
determined to be a habitual offender under chapter 321 based solely
on violations of this chapter or on violations listed in section
321.560, subsection 1, paragraph “b”, and who is not eligible for
a temporary restricted license under this chapter may petition the
court upon the expiration of the minimum period of ineligibility for
a temporary restricted license provided for under this section,
section 321J.9, 321J.12, 321J.20, or 321.560, for an order to the
department to require the department to issue a temporary restricted
license to the person notwithstanding section 321.560.

b. The petition shall include a current certified copy of the
petitioner’s official driving record issued by the department.
c. Upon the filing of a petition for a temporary restricted
license under this section, the clerk of the district court in the
county where the violation that resulted in the revocation occurred
shall send notice of the petition to the department and the
prosecuting attorney. The department and the prosecuting attorney
shall each be given an opportunity to respond to and request a
hearing on the petition.

d. The court shall determine if the temporary restricted
license is necessary for the person to maintain the person’s present
employment. However, a temporary restricted license shall not be
ordered or issued for a violation of section 321J.2A or to a person
under the age of twenty-one whose license is revoked under this
section or section 321J.9 or 321J.12. If the court determines that
the temporary restricted license is necessary for the person to
maintain the person’s present employment, and that the minimum period
of ineligibility for receipt of a temporary license has expired, the
court shall order the department to issue to the person a temporary
restricted license conditioned upon the person’s certification to the
court of the installation of approved ignition interlock devices in
all motor vehicles that it is necessary for the person to operate to
maintain the person’s present employment. A person whose driver’s
license or nonresident operating privilege has been revoked under
section 321J.21 may apply to the department for a temporary
restricted license without the requirement of an ignition interlock
device if at least twelve years have elapsed since the end of the
underlying revocation period for a violation of section 321J.2.

e. Section 321.561 does not apply to a person operating a
motor vehicle in the manner permitted under this subsection.

f. If the person operates a motor vehicle which does not have
an approved ignition interlock device or if the person tampers with
or circumvents an ignition interlock device, in addition to other
penalties provided, the person’s temporary restricted license shall
be revoked.

g. A person holding a temporary restricted license issued
under this subsection shall not operate a commercial motor vehicle,
as defined in section 321.1, on a highway if a commercial driver’s
license is required for the person to operate the commercial motor
vehicle.

h. Notwithstanding any provision of this chapter to the
contrary, the court may order the department to issue a temporary
restricted license to a person otherwise eligible for a temporary
restricted license under this subsection, whose period of revocation
under this chapter has expired, but who has not met all requirements
for reinstatement of the person’s noncommercial driver’s license or
nonresident operating privileges.
Section History: Recent Form

86 Acts, ch 1220, § 4; 88 Acts, ch 1168, § 1; 90 Acts, ch 1230, §
84; 92 Acts, ch 1212, §29; 95 Acts, ch 48, §8–10; 95 Acts, ch 55,
§12; 96 Acts, ch 1090, § 9–11; 96 Acts, ch 1152, § 22; 97 Acts, ch
177, §8–11; 98 Acts, ch 1073, §9, 12; 98 Acts, ch 1138, §4, 36, 37;
2000 Acts, ch 1133, §15; 2000 Acts, ch 1138, §3; 2003 Acts, ch 60,
§3; 2003 Acts, ch 179, §121, 122; 2007 Acts, ch 143, §21; 2009 Acts,
ch 130, §13
Referred to in § 321.213, 321.560, 321J.2, 321J.17, 321J.20
For provisions relating to third offense OWI driver’s license
revocations and restoration of driving privileges, see 99 Acts, ch
153, §25

321J.4A Repealed by 95 Acts, ch 48, § 24.

321J.4B MOTOR VEHICLE IMPOUNDMENT OR IMMOBILIZATION
— PENALTY — LIABILITY OF VEHICLE OWNER.

1. For purposes of this section:
a. “Immobilized” means the installation of a device in a
motor vehicle that completely prevents a motor vehicle from being
operated, or the installation of an ignition interlock device of a
type approved by the commissioner of public safety.

b. “Impoundment” means the process of seizure and confinement
within an enclosed area of a motor vehicle, for the purpose of
restricting access to the vehicle.

c. “Owner” means the registered titleholder of a motor
vehicle; except in the case where a rental or leasing agency is the
registered titleholder, in which case the lessee of the vehicle shall
be treated as the owner of the vehicle for purposes of this section.

2. A motor vehicle is subject to impoundment in the following
circumstances:
a. If a person operates a vehicle in violation of section
321J.2, and if convicted for that conduct, the conviction would be a
second or subsequent offense under section 321J.2.

b. If a person operates a vehicle while that person’s
driver’s license or operating privilege has been suspended, denied,
revoked, or barred due to a violation of section 321J.2.
The clerk of court shall send notice of a conviction of an offense
for which the vehicle was impounded to the impounding authority upon
conviction of the defendant for such offense.
Impoundment of the vehicle under this section may occur in
addition to any criminal penalty imposed under chapter 321 or this
chapter for the underlying criminal offense.

3. The motor vehicle operated by the person in the commission of
any offense included in subsection 2 may be immediately impounded or
immobilized in accordance with this section.

a. A person or agency taking possession of an impounded or
immobilized motor vehicle shall do the following:
(1) Make an inventory of any property contained in the vehicle,
according to the agency’s inventory procedure. The agency
responsible for the motor vehicle shall also deliver a copy of the
inventory to the county attorney.
(2) Contact all rental or leasing agencies registered as owners
of the vehicle, as well as any parties registered as holders of a
secured interest in the vehicle, in accordance with subsection 12.
b. The county attorney shall file a copy of the inventory
with the district court as part of each file related to criminal
charges filed under this section.

4. An owner of a motor vehicle impounded or immobilized under
this section, who knows of, should have known of, or gives consent to
the operation of, the motor vehicle in violation of subsection 2,
paragraph “b”, shall be:
a. Guilty of a simple misdemeanor, and
b. Jointly and severally liable for any damages caused by the
person who operated the motor vehicle, subject to the provisions of
chapter 668.

5. a. The following persons shall be entitled to immediate
return of the motor vehicle without payment of costs associated with
the impoundment or immobilization of the vehicle:
(1) The owner of the motor vehicle, if the person who operated
the motor vehicle is not a co-owner of the motor vehicle.
(2) A motor vehicle rental or leasing agency that owns the
vehicle.(3) A person who owns the motor vehicle and who is charged but is
not convicted of the violation of section 321.218, 321.561, 321A.32,
321J.2, or 321J.21, which resulted in the impoundment or
immobilization of the motor vehicle under this section.

b. Upon conviction of the defendant for a violation of
subsection 2, paragraph “a”, the court may order continued
impoundment, or the immobilization, of the motor vehicle used in the
commission of the offense, if the convicted person is the owner of
the motor vehicle, and shall specify all of the following in the
order:
(1) The motor vehicle that is subject to the order.
(2) The period of impoundment or immobilization.
(3) The person or agency responsible for carrying out the order
requiring continued impoundment, or the immobilization, of the motor
vehicle.

c. If the vehicle subject to the order is in the custody of a
law enforcement agency, the court shall designate that agency as the
responsible agency. If the vehicle is not in the custody of a law
enforcement agency, the person or agency responsible for carrying out
the order shall be any person deemed appropriate by the court,
including but not limited to a law enforcement agency with
jurisdiction over the area in which the residence of the vehicle
owner is located. The person or agency responsible for carrying out
the order shall determine whether the motor vehicle shall be
impounded or immobilized.

d. The period of impoundment or immobilization of a motor
vehicle under this section shall be the period of license revocation
imposed upon the person convicted of the offense or one hundred
eighty days, whichever period is longer. The impoundment or
immobilization period shall commence on the day that the vehicle is
first impounded or immobilized.

e. The clerk of the district court shall send a copy of the
order to the department, the person convicted of the offense, the
person or agency responsible for executing the order for impoundment
or immobilization, and any holders of any security interests in the
vehicle.

f. If the vehicle subject to the court order is not in the
custody of a law enforcement agency, the person or agency designated
in the order as the person or agency responsible for executing the
order shall, upon receipt of the order, promptly locate the vehicle
specified in the order, seize the motor vehicle and the license
plates, and send or deliver the vehicle’s license plates to the
department.
If the vehicle is located at a place other than the place at which
the court order is to be carried out, the person or agency
responsible for executing the order shall arrange for the vehicle to
be moved to the place of impoundment or immobilization. When the
vehicle is found, is impounded or immobilized, and is at the place of
impoundment or immobilization, the person or agency responsible for
executing the order shall notify the clerk of the date on which the
order was executed. The clerk shall notify the department of the
date on which the order was executed.

g. Upon receipt of a court order for continued impoundment or
immobilization of the motor vehicle, the agency shall review the
value of the vehicle in relation to the costs associated with the
period of impoundment of the motor vehicle specified in the order.
If the agency determines that the costs of impoundment of the motor
vehicle exceed the actual wholesale value of the motor vehicle, the
agency may treat the vehicle as an abandoned vehicle pursuant to
section 321.89. If the agency elects to treat the motor vehicle as
abandoned, the agency shall notify the registered owner of the motor
vehicle that the vehicle shall be deemed abandoned and shall be sold
in the manner provided in section 321.89 if payment of the total cost
of impoundment is not received within twenty-one days of the mailing
of the notice. The agency shall provide documentation regarding the
valuation of the vehicle and the costs of impoundment. This
paragraph shall not apply to vehicles that are immobilized pursuant
to this section or if subsection 12, paragraph “a” or “b”,
applies.

6. Upon conviction of the defendant for a second or subsequent
violation of subsection 2, paragraph “b”, the court shall order,
if the convicted person is the owner of the motor vehicle used in the
commission of the offense, that that motor vehicle be seized and
forfeited to the state pursuant to chapters 809 and 809A.

7. a. Upon receipt of a notice of conviction of the defendant
for a violation of subsection 2, the impounding authority shall seize
the motor vehicle’s license plates and registration, and shall sendor deliver them to the department.

b. The department shall destroy license plates received under
this section and shall not authorize the release of the vehicle or
the issuance of new license plates for the vehicle until the period
of impoundment or immobilization has expired, and the fee and costs
assessed under subsection 10 have been paid. The fee for issuance of
new license plates and certificates of registration shall be the same
as for the replacement of lost, mutilated, or destroyed license
plates and certificates of registration.

8. a. Upon conviction for a violation of subsection 2, the
court shall assess the defendant, in addition to any other penalty, a
fee of one hundred dollars plus the cost of any expenses for towing,
storage, and any other costs of impounding or immobilizing the motor
vehicle, to be paid to the clerk of the district court.

b. The person or agency responsible for impoundment or
immobilization under this section shall inform the court of the costs
of towing, storage, and any other costs of impounding or immobilizing
the motor vehicle. Upon payment of the fee and costs, the clerk
shall forward a copy of the receipt to the department.

c. If a law enforcement agency impounds or immobilizes a
motor vehicle, the amount of the fee and expenses deposited with the
clerk shall be paid by the clerk to the law enforcement agency
responsible for executing the order to reimburse the agency for costs
incurred for impoundment or immobilization equipment and, if
required, in sending officers to search for and locate the vehicle
specified in the impoundment or immobilization order.

9. Operating a motor vehicle on a street or highway in this state
in violation of an order of impoundment or immobilization is a
serious misdemeanor. A motor vehicle which is subject to an order of
impoundment or immobilization that is operated on a street or highway
in this state in violation of the order shall be seized and forfeited
to the state under chapters 809 and 809A.
10. Once the period of impoundment or immobilization has expired,
the owner of the motor vehicle shall have thirty days to claim the
motor vehicle and pay all fees and charges imposed under this
section. If the owner or the owner’s designee has not claimed the
vehicle and paid all fees and charges imposed under this section
within seven days from the date of expiration of the period, the
clerk shall send written notification to the motor vehicle owner, at
the owner’s last known address, notifying the owner of the date of
expiration of the period of impoundment or immobilization and of the
period in which the motor vehicle must be claimed. If the motor
vehicle owner fails to claim the motor vehicle and pay all fees and
charges imposed within the thirty-day period, the motor vehicle shall
be forfeited to the state under chapters 809 and 809A.

11. a. (1) During the period of impoundment or immobilization
the owner of an impounded or immobilized vehicle shall not sell or
transfer the title of the motor vehicle which is subject to the order
of impoundment or immobilization.

(2) A person convicted of an offense under subsection 2, shall
not purchase or register any motor vehicle during the period of
impoundment, immobilization, or license revocation.
Violation of paragraph “a” is a serious misdemeanor.

b. If, during the period of impoundment or immobilization,
the title to the motor vehicle which is the subject of the order is
transferred by the foreclosure of a chattel mortgage, a sale upon
execution, the cancellation of a conditional sales contract, or an
order of a court, the court which enters the order that permits
transfer of the title shall notify the department of the transfer of
the title. The department shall enter notice of the transfer of the
title to the motor vehicle in the previous owner’s vehicle
registration record.

12. Notwithstanding other requirements of this section:
a. Upon learning the address or phone number of a rental or
leasing company which owns a motor vehicle impounded or immobilized
under this section, the peace officer, county attorney, or attorney
general shall immediately contact the company to inform the company
that the vehicle is available for return to the company.

b. The holder of a security interest in a vehicle which is
impounded or immobilized pursuant to this section or forfeited in the
manner provided in chapters 809 and 809A shall be notified of the
impoundment, immobilization, or forfeiture within seventy-two hours
of the seizure of the vehicle and shall have the right to claim the
motor vehicle without payment of any fees or surcharges unless the
value of the vehicle exceeds the value of the security interest held
by the creditor.

c. Any of the following persons may make application to the
court for permission to operate a motor vehicle, which is impounded
or immobilized pursuant to this section, during the period of
impoundment or immobilization, if the applicant’s driver’s license or
operating privilege has not been suspended, denied, revoked, or
barred, and an ignition interlock device of a type approved by the
commissioner of public safety is installed in the motor vehicle prior
to operation:

(1) A person, other than the person who committed the offense
which resulted in the impoundment or immobilization, who is not a
member of the immediate family of the person who committed the
offense but is a joint owner of the motor vehicle.

(2) A member of the immediate family of the person who committed
the offense which resulted in the impoundment or immobilization, if
the member demonstrates that the motor vehicle that is subject to the
order for impoundment or immobilization is the only motor vehicle
possessed by the family.
For purposes of this section, “a member of the immediate
family” means a spouse, child, or parent of the person who
committed the offense.

13. The impoundment, immobilization, or forfeiture of a motor
vehicle under this chapter does not constitute loss of use of a motor
vehicle for purposes of any contract of insurance.
Section History: Recent Form

95 Acts, ch 48, §11; 95 Acts, ch 143, §5; 96 Acts, ch 1133, § 42,
43; 97 Acts, ch 177, §12; 98 Acts, ch 1073, §9
Referred to in § 321.89, 809A.3

321J.5 PRELIMINARY SCREENING TEST.
1. When a peace officer has reasonable grounds to believe that
either of the following have occurred, the peace officer may request
that the operator provide a sample of the operator’s breath for a
preliminary screening test using a device approved by the
commissioner of public safety for that purpose:

a. A motor vehicle operator may be violating or has violated
section 321J.2 or 321J.2A.
b. The operator has been involved in a motor vehicle
collision resulting in injury or death.

2. The results of this preliminary screening test may be used for
the purpose of deciding whether an arrest should be made or whether
to request a chemical test authorized in this chapter, but shall not
be used in any court action except to prove that a chemical test was
properly requested of a person pursuant to this chapter.
Section History: Recent Form

86 Acts, ch 1220, §5; 95 Acts, ch 48, §12

321J.6 IMPLIED CONSENT TO TEST

1. A person who operates a motor vehicle in this state under
circumstances which give reasonable grounds to believe that the
person has been operating a motor vehicle in violation of section
321J.2 or 321J.2A is deemed to have given consent to the withdrawal
of specimens of the person’s blood, breath, or urine and to a
chemical test or tests of the specimens for the purpose of
determining the alcohol concentration or presence of a controlled
substance or other drugs, subject to this section. The withdrawal of
the body substances and the test or tests shall be administered at
the written request of a peace officer having reasonable grounds to
believe that the person was operating a motor vehicle in violation of
section 321J.2 or 321J.2A, and if any of the following conditions
exist:

a. A peace officer has lawfully placed the person under
arrest for violation of section 321J.2.
b. The person has been involved in a motor vehicle accident
or collision resulting in personal injury or death.
c. The person has refused to take a preliminary breath
screening test provided by this chapter.
d. The preliminary breath screening test was administered and
it indicated an alcohol concentration equal to or in excess of the
level prohibited by section 321J.2.

e. The preliminary breath screening test was administered to
a person operating a commercial motor vehicle as defined in section
321.1 and it indicated an alcohol concentration of 0.04 or more.
f. The preliminary breath screening test was administered and
it indicated an alcohol concentration less than the level prohibited
by section 321J.2, and the peace officer has reasonable grounds to
believe that the person was under the influence of a controlled
substance, a drug other than alcohol, or a combination of alcohol and
another drug.
g. The preliminary breath screening test was administered and
it indicated an alcohol concentration of .02 or more but less than
.08 and the person is under the age of twenty- one.
2. The peace officer shall determine which of the three
substances, breath, blood, or urine, shall be tested. Refusal to
submit to a chemical test of urine or breath is deemed a refusal to
submit, and section 321J.9 applies. A refusal to submit to a
chemical test of blood is not deemed a refusal to submit, but in that
case, the peace officer shall then determine which one of the other
two substances shall be tested and shall offer the test. If the
peace officer fails to offer a test within two hours after the
preliminary screening test is administered or refused or the arrest
is made, whichever occurs first, a test is not required, and there
shall be no revocation under section 321J.9.

3. Notwithstanding subsection 2, if the peace officer has
reasonable grounds to believe that the person was under the influence
of a controlled substance, a drug other than alcohol, or a
combination of alcohol and another drug, a blood or urine test shall
be required even after another type of test has been administered.
Section 321J.9 applies to a refusal to submit to a chemical test of
urine or blood requested under this subsection.
Section History: Recent Form

86 Acts, ch 1220, § 6; 90 Acts, ch 1230, § 85; 95 Acts, ch 48,
§13, 14; 98 Acts, ch 1138, §14–16; 2003 Acts, ch 60, §4
Referred to in § 321J.2, 321J.7, 321J.9, 321J.10, 321J.12, 907.3

321J.7 DEAD OR UNCONSCIOUS PERSONS

A person who is dead, unconscious, or otherwise in a condition
rendering the person incapable of consent or refusal is deemed not to
have withdrawn the consent provided by section 321J.6, and the test
may be given if a licensed physician, physician assistant, or
advanced registered nurse practitioner certifies in advance of the
test that the person is unconscious or otherwise in a condition
rendering that person incapable of consent or refusal. If the
certification is oral, a written certification shall be completed by
the physician, physician assistant, or advanced registered nurse
practitioner within a reasonable time of the test.
Section History: Recent Form

86 Acts, ch 1220, §7; 97 Acts, ch 147, §4; 97 Acts, ch 177, § 13;
2005 Acts, ch 49, §1
Referred to in § 321J.8, 321J.10

321J.8 STATEMENT OF OFFICER

1. A person who has been requested to submit to a chemical test
shall be advised by a peace officer of the following:

a. If the person refuses to submit to the test, the person’s
driver’s license or nonresident operating privilege will be revoked
by the department as required by and for the applicable period
specified under section 321J.9.

b. If the person submits to the test and the results indicate
the presence of a controlled substance or other drug, or an alcohol
concentration equal to or in excess of the level prohibited by
section 321J.2 or 321J.2A, the person’s driver’s license or
nonresident operating privilege will be revoked by the department as
required by and for the applicable period specified under section
321J.12.

c. (1) If the person is operating a commercial motor vehicle
as defined in section 321.1 and either refuses to submit to the test
or submits to the test and the results indicate an alcohol
concentration of 0.04 or more, the person is disqualified from
operating a commercial motor vehicle for the applicable period under
section 321.208 in addition to any revocation of the person’s
driver’s license or nonresident operating privilege which may be
applicable under this chapter.

(2) If the person is operating a noncommercial motor vehicle and
holding a commercial driver’s license as defined in section 321.1 and
either refuses to submit to the test or submits to the test and the
results indicate the presence of a controlled substance or other drug
or an alcohol concentration equal to or in excess of the level
prohibited by section 321J.2, the person is disqualified from
operating a commercial motor vehicle for the applicable period under
section 321.208 in addition to any revocation of the person’s
driver’s license or nonresident operating privilege which may be
applicable under this chapter.

2. This section does not apply in any case involving a person
described in section 321J.7.
Section History: Recent Form

86 Acts, ch 1220, § 8; 90 Acts, ch 1230, § 86; 95 Acts, ch 48,
§15; 98 Acts, ch 1073, §9; 98 Acts, ch 1138, §17; 2007 Acts, ch 69,
§1; 2009 Acts, ch 130, §14

321J.9 REFUSAL TO SUBMIT — REVOCATION

1. If a person refuses to submit to the chemical testing, a test
shall not be given, but the department, upon the receipt of the peace
officer’s certification, subject to penalty for perjury, that the
officer had reasonable grounds to believe the person to have been
operating a motor vehicle in violation of section 321J.2 or 321J.2A,
that specified conditions existed for chemical testing pursuant to
section 321J.6, and that the person refused to submit to the chemical
testing, shall revoke the person’s driver’s license and any
nonresident operating privilege for the following periods of time:

a. One year if the person has no previous revocation under
this chapter; and
b. Two years if the person has had a previous revocation
under this chapter.

2. a. A person whose driver’s license or nonresident
operating privileges are revoked under subsection 1, paragraph
“a”, shall not be eligible for a temporary restricted license for
at least ninety days after the effective date of the revocation. A
person whose driver’s license or nonresident operating privileges are
revoked under subsection 1, paragraph “b”, shall not be eligible
for a temporary restricted license for at least one year after the
effective date of the revocation.

b. The defendant shall be ordered to install an ignition
interlock device of a type approved by the commissioner of public
safety on all vehicles owned or operated by the defendant if the
defendant seeks a temporary restricted license at the end of the
minimum period of ineligibility. A temporary restricted license
shall not be granted by the department until the defendant installs
the ignition interlock device.

3. If the person is a resident without a license or permit to
operate a motor vehicle in this state, the department shall deny to
the person the issuance of a license or permit for the same period a
license or permit would be revoked, and deny issuance of a temporary
restricted license for the same period of ineligibility for receipt
of a temporary restricted license, subject to review as provided in
this chapter.

4. The effective date of revocation shall be ten days after the
department has mailed notice of revocation to the person by first
class mail, notwithstanding chapter 17A. The peace officer who
requested or directed the administration of a chemical test may, on
behalf of the department, serve immediate notice of intention to
revoke and of revocation on a person who refuses to permit chemical
testing. If the peace officer serves immediate notice, the peace
officer shall take the Iowa license or permit of the driver, if any,
and issue a temporary license effective for ten days. The peace
officer shall immediately send the person’s license to the department
along with the officer’s certificate indicating the person’s refusal
to submit to chemical testing.
Section History: Recent Form

86 Acts, ch 1220, §9; 95 Acts, ch 48, §16; 97 Acts, ch 177, §14;
98 Acts, ch 1073, §9; 2001 Acts, ch 32, §47
Referred to in § 321.211A, 321J.2, 321J.4, 321J.6, 321J.8,
321J.10, 321J.13, 321J.20, 915.80

321J.10 TESTS PURSUANT TO WARRANTS

1. Refusal to consent to a test under section 321J.6 does not
prohibit the withdrawal of a specimen for chemical testing pursuant
to a search warrant issued in the investigation of a suspected
violation of section 707.5 or 707.6A if all of the following grounds
exist:
a. A traffic accident has resulted in a death or personal
injury reasonably likely to cause death.
b. There are reasonable grounds to believe that one or more
of the persons whose driving may have been the proximate cause of the
accident was violating section 321J.2 at the time of the accident.

2. Search warrants may be issued under this section in full
compliance with chapter 808 or they may be issued under subsection 3.

3. Notwithstanding section 808.3, the issuance of a search
warrant under this section may be based upon sworn oral testimony
communicated by telephone if the magistrate who is asked to issue the
warrant is satisfied that the circumstances make it reasonable to
dispense with a written affidavit. The following shall then apply:
a. When a caller applies for the issuance of a warrant under
this section and the magistrate becomes aware of the purpose of the
call, the magistrate shall place under oath the person applying for
the warrant.

b. The person applying for the warrant shall prepare a
duplicate warrant and read the duplicate warrant, verbatim, to the
magistrate who shall enter, verbatim, what is read to the magistrate
on a form that will be considered the original warrant. The
magistrate may direct that the warrant be modified.

c. The oral application testimony shall set forth facts and
information tending to establish the existence of the grounds for the
warrant and shall describe with a reasonable degree of specificity
the person or persons whose driving is believed to have been the
proximate cause of the accident and from whom a specimen is to be
withdrawn and the location where the withdrawal of the specimen or
specimens is to take place.

d. If a voice recording device is available, the magistrate
may record by means of that device all of the call after the
magistrate becomes aware of the purpose of the call. Otherwise, the
magistrate shall cause a stenographic or longhand memorandum to be
made of the oral testimony of the person applying for the warrant.

e. If the magistrate is satisfied from the oral testimony
that the grounds for the warrant exist or that there is probable
cause to believe that they exist, the magistrate shall order the
issuance of the warrant by directing the person applying for the
warrant to sign the magistrate’s name on the duplicate warrant. The
magistrate shall immediately sign the original warrant and enter on
its face the exact time when the issuance was ordered.

f. The person who executes the warrant shall enter the time
of execution on the face of the duplicate warrant.
g. The magistrate shall cause any record of the call made by
means of a voice recording device to be transcribed, shall certify
the accuracy of the transcript, and shall file the transcript and the
original record with the clerk. If a stenographic or longhand
memorandum was made of the oral testimony of the person who applied
for the warrant, the magistrate shall file a signed copy with the
clerk.

h. The clerk of court shall maintain the original and
duplicate warrants along with the record of the telephone call and
any transcript or memorandum made of the call in a confidential file
until a charge, if any, is filed.

4. a. Search warrants issued under this section shall
authorize and direct peace officers to secure the withdrawal of blood
specimens by medical personnel under section 321J.11. Reasonable
care shall be exercised to ensure the health and safety of the
persons from whom specimens are withdrawn in execution of the
warrants.

b. If a person from whom a specimen is to be withdrawn
objects to the withdrawal of blood, the warrant may be executed as
follows:

(1) If the person is capable of giving a specimen of breath, and
a direct breath testing instrument is readily available, the warrant
may be executed by the withdrawal of a specimen of breath for
chemical testing, unless the peace officer has reasonable grounds to
believe that the person was under the influence of a controlled
substance, a drug other than alcohol, or a combination of alcohol and
another drug.

(2) If the testimony in support of the warrant sets forth facts
and information that the peace officer has reasonable grounds to
believe that the person was under the influence of a controlled
substance, a drug other than alcohol, or a combination of alcohol and
another drug, a urine sample shall be collected in lieu of a blood
sample, if the person is capable of giving a urine sample and the
sample can be collected without the need to physically compel the
execution of the warrant.

5. The act of any person knowingly resisting or obstructing the
withdrawal of a specimen pursuant to a search warrant issued under
this section constitutes a contempt punishable by a fine not
exceeding one thousand dollars or imprisonment in a county jail not
exceeding one year or by both such fine and imprisonment. Also, if
the withdrawal of a specimen is so resisted or obstructed, sections
321J.9 and 321J.16 apply.

6. Nonsubstantive variances between the contents of the original
and duplicate warrants shall not cause a warrant issued under
subsection 3 of this section to be considered invalid.

7. Specimens obtained pursuant to warrants issued under this
section are not subject to disposition under section 808.9 or chapter
809 or 809A.

8. Subsections 1 to 7 of this section do not apply where a test
may be administered under section 321J.7.
9. Medical personnel who use reasonable care and accepted medical
practices in withdrawing blood specimens are immune from liability
for their actions in complying with requests made of them pursuant to
search warrants or pursuant to section 321J.11.
Section History: Recent Form

86 Acts, ch 1220, § 10; 90 Acts, ch 1233, § 21; 96 Acts, ch 1133,
§ 44; 98 Acts, ch 1138, §18
Referred to in § 321J.10A

321J.10A BLOOD, BREATH, OR URINE SPECIMEN WITHDRAWAL
WITHOUT A WARRANT

1. Notwithstanding section 321J.10, if a person is under arrest
for an offense arising out of acts alleged to have been committed
while the person was operating a motor vehicle in violation of
section 321J.2 or 321J.2A, and that arrest results from an accident
that causes a death or personal injury reasonably likely to cause
death, a chemical test of blood may be administered without the
consent of the person arrested to determine the amount of alcohol or
a controlled substance in that person’s blood if all of the following
circumstances exist:

a. The peace officer reasonably believes the blood drawn will
produce evidence of intoxication.
b. The method used to take the blood sample is reasonable and
performed in a reasonable manner by medical personnel under section
321J.11.
c. The peace officer reasonably believes the officer is
confronted with an emergency situation in which the delay necessary
to obtain a warrant under section 321J.10 threatens the destruction
of the evidence.

2. If the person from whom a specimen of blood is to be withdrawn
objects to the withdrawal, a breath or urine sample may be taken
under the following circumstances:
a. If the person is capable of giving a specimen of breath,
and a direct breath testing instrument is readily available, the
withdrawal of a specimen of the person’s breath may be taken for
chemical testing, unless the peace officer has reasonable grounds to
believe that the person was under the influence of a controlled
substance, a drug other than alcohol, or a combination of alcohol and
another drug.

b. If the peace officer has reasonable grounds to believe
that the person was under the influence of a controlled substance, a
drug other than alcohol, or a combination of alcohol and another
drug, a urine sample shall be collected in lieu of a blood sample, if
the person is capable of giving a urine sample and the sample can be
collected.
Section History: Recent Form

2004 Acts, ch 1098, §1

321J.11 TAKING SAMPLE FOR TEST

Only a licensed physician, licensed physician assistant as defined
in section 148C.1, medical technologist, or registered nurse, acting
at the request of a peace officer, may withdraw a specimen of blood
for the purpose of determining the alcohol concentration or the
presence of a controlled substance or other drugs. However, any
peace officer, using devices and methods approved by the commissioner
of public safety, may take a specimen of a person’s breath or urine
for the purpose of determining the alcohol concentration, or may take
a specimen of a person’s urine for the purpose of determining the
presence of a controlled substance or other drugs. Only new
equipment kept under strictly sanitary and sterile conditions shall
be used for drawing blood.
The person may have an independent chemical test or tests
administered at the person’s own expense in addition to any
administered at the direction of a peace officer. The failure or
inability of the person to obtain an independent chemical test or
tests does not preclude the admission of evidence of the results of
the test or tests administered at the direction of the peace officer.
Upon the request of the person who is tested, the results of the test
or tests administered at the direction of the peace officer shall be
made available to the person.
Section History: Recent Form

86 Acts, ch 1220, §11; 88 Acts, ch 1225, §26; 98 Acts, ch 1138,
§19
Referred to in § 321J.10, 321J.10A

321J.12 TEST RESULT REVOCATION

1. Upon certification, subject to penalty for perjury, by the
peace officer that there existed reasonable grounds to believe that
the person had been operating a motor vehicle in violation of section
321J.2, that there existed one or more of the necessary conditions
for chemical testing described in section 321J.6, subsection 1, and
that the person submitted to chemical testing and the test results
indicated the presence of a controlled substance or other drug, or an
alcohol concentration equal to or in excess of the level prohibited
by section 321J.2, or a combination of alcohol and another drug in
violation of section 321J.2, the department shall revoke the person’s
driver’s license or nonresident operating privilege for the following
periods of time:

a. One hundred eighty days if the person has had no
revocation under this chapter.
b. One year if the person has had a previous revocation under
this chapter.

2. a. A person whose driver’s license or nonresident
operating privileges have been revoked under subsection 1, paragraph
“a”, whose alcohol concentration is .08 or more but not more than
.10 shall not be eligible for any temporary restricted license for at
least thirty days after the effective date of the revocation if a
test was obtained and an accident resulting in personal injury or
property damage occurred. The defendant shall be ordered to install
an ignition interlock device of a type approved by the commissioner
of public safety on all vehicles owned or operated by the defendant
if the defendant seeks a temporary license. There shall be no such
period of ineligibility if no such accident occurred, and the
defendant shall not be ordered to install an ignition interlock
device.

c. If the person is under the age of twenty-one, the person
shall not be eligible for a temporary restricted license for at least
sixty days after the effective date of the revocation.
d. A person whose license or privileges have been revoked
under subsection 1, paragraph “b”, for one year shall not be
eligible for any temporary restricted license for one year after the
effective date of the revocation, and the person shall be ordered to
install an ignition interlock device of a type approved by the
commissioner of public safety on all vehicles owned or operated by
the defendant if the defendant seeks a temporary restricted license
at the end of the minimum period of ineligibility. A temporary
restricted license shall not be granted by the department until the
defendant installs the ignition interlock device.

3. The effective date of the revocation shall be ten days after
the department has mailed notice of revocation to the person by first
class mail, notwithstanding chapter 17A. The peace officer who
requested or directed the administration of the chemical test may, on
behalf of the department, serve immediate notice of revocation on a
person whose test results indicated the presence of a controlled
substance or other drug, or an alcohol concentration equal to or in
excess of the level prohibited by section 321J.2, or a combination of
alcohol and another controlled substance or drug in violation of
section 321J.2.

4. If the peace officer serves that immediate notice, the peace
officer shall take the person’s Iowa license or permit, if any, and
issue a temporary license valid only for ten days. The peace officer
shall immediately send the person’s driver’s license to the
department along with the officer’s certificate indicating that the
test results indicated the presence of a controlled substance or
other drug, or an alcohol concentration equal to or in excess of the
level prohibited by section 321J.2.

5. Upon certification, subject to penalty of perjury, by the
peace officer that there existed reasonable grounds to believe that
the person had been operating a motor vehicle in violation of section
321J.2A, that there existed one or more of the necessary conditions
for chemical testing described in section 321J.6, subsection 1, and
that the person submitted to chemical testing and the test results
indicated an alcohol concentration of .02 or more but less than .08,
the department shall revoke the person’s driver’s license or
operating privilege for a period of sixty days if the person has had
no previous revocation under this chapter, and for a period of ninety
days if the person has had a previous revocation under this chapter.

6. The results of a chemical test may not be used as the basis
for a revocation of a person’s driver’s license or nonresident
operating privilege if the alcohol or drug concentration indicated by
the chemical test minus the established margin of error inherent in
the device or method used to conduct the chemical test is not equal
to or in excess of the level prohibited by section 321J.2 or 321J.2A.

Section History: Recent Form

86 Acts, ch 1220, §12; 95 Acts, ch 48, §17; 95 Acts, ch 143, §12;
96 Acts, ch 1090, § 12; 97 Acts, ch 177, §15, 16; 98 Acts, ch 1073,
§9; 98 Acts, ch 1138, §20; 2001 Acts, ch 32, §48; 2003 Acts, ch 60,
§5, 6; 2003 Acts, ch 179, §123
Referred to in § 321.211A, 321J.2, 321J.2A, 321J.4, 321J.8,
321J.13, 321J.20, 915.80

321J.13 HEARING ON REVOCATION — APPEAL

1. Notice of revocation of a person’s noncommercial driver’s
license or operating privilege served pursuant to section 321J.9 or
321J.12 shall include a form accompanied by a preaddressed envelope
on which the person served may indicate by a checkmark if the person
only wishes to request a temporary restricted license after the
mandatory ineligibility period for issuance of a temporary restricted
license has ended, or if the person wishes a hearing to contest the
revocation. The form shall clearly state on its face that the form
must be completed and returned within ten days of receipt or the
person’s right to a hearing to contest the revocation is foreclosed.
The form shall also be accompanied by a statement of the operation of
and the person’s rights under this chapter.

2. The department shall grant the person an opportunity to be
heard within forty-five days of receipt of a request for a hearing if
the request is made not later than ten days after receipt of notice
of revocation served pursuant to section 321J.9 or 321J.12. The
hearing shall be before the department in the county where the
alleged events occurred, unless the director and the person agree
that the hearing may be held in some other county, or the hearing may
be held by telephone conference at the discretion of the agency
conducting the hearing. The hearing may be recorded and its scope
shall be limited to the issues of whether a peace officer had
reasonable grounds to believe that the person was operating a motor
vehicle in violation of section 321J.2 or 321J.2A and one or more of
the following:

a. Whether the person refused to submit to the test or tests.

b. Whether a test was administered and the test results
indicated an alcohol concentration equal to or in excess of the level
prohibited under section 321J.2 or 321J.2A.

c. Whether a test was administered and the test results
indicated the presence of alcohol, a controlled substance or other
drug, or a combination of alcohol and another drug, in violation of
section 321J.2.

3. After the hearing the department shall order that the
revocation be either rescinded or sustained. Upon receipt of the
decision of the department to sustain a revocation, the person
contesting the revocation has ten days to file a request for review
of the decision by the director. The director or the director’s
designee shall review the decision within thirty days and shall
either rescind or sustain the revocation or order a new hearing. If
the director orders a new hearing, the department shall grant the
person a new hearing within twenty days of the director’s order.

4. The department shall stay the revocation of a person’s
driver’s license or operating privilege for the period that the
person is contesting the revocation under this section or section
321J.14 if it is shown to the satisfaction of the department that the
new evidence is material and that there were valid reasons for
failure to present it in the contested case proceeding before the
department. However, a stay shall not be granted for violations of
section 321J.2A.

5. If the department fails to comply with the time limitations of
this section regarding granting a hearing, review by the director or
the director’s designee, or granting a new hearing, and if the
request for a hearing or review by the director was properly made
under this section, the revocation of the driver’s license or
operating privilege of the person who made the request for a hearing
or review shall be rescinded. This subsection shall not apply in
those cases in which a continuance to the hearing has been granted at
the request of either the person who requested the hearing or the
peace officer who requested or administered the chemical test.

6. a. The department shall grant a request for a hearing to
rescind the revocation if the person whose motor vehicle license or
operating privilege has been or is being revoked under section 321J.9
or 321J.12 submits a petition containing information relating to the
discovery of new evidence that provides grounds for rescission of the
revocation.

b. The person shall prevail at the hearing if, in the
criminal action on the charge of violation of section 321J.2 or
321J.2A resulting from the same circumstances that resulted in the
administrative revocation being challenged, the court held one of the
following:

(1) That the peace officer did not have reasonable grounds to
believe that a violation of section 321J.2 or 321J.2A had occurred to
support a request for or to administer a chemical test.
(2) That the chemical test was otherwise inadmissible or invalid.

c. Such a holding by the court in the criminal action is
binding on the department, and the department shall rescind the
revocation. If the offense for which the revocation was imposed was
committed while the person was operating a noncommercial motor
vehicle and holding a commercial driver’s license and the department
disqualified the person from operating a commercial motor vehicle
under section 321.208, subsection 2, paragraph “a” or “b”, as
a result of the revocation, the department shall also rescind the
disqualification.
Section History: Recent Form

86 Acts, ch 1220, §13; 87 Acts, ch 148, §1; 88 Acts, ch 1109, §23;
88 Acts, ch 1214, §2; 89 Acts, ch 83, § 46; 95 Acts, ch 48, §18; 97
Acts, ch 104, §30, 31; 98 Acts, ch 1073, §9; 98 Acts, ch 1138, §21;
99 Acts, ch 13, §22, 29; 2000 Acts, ch 1133, §16; 2009 Acts, ch 130,
§15, 18
Referred to in §321A.17
Footnotes

2009 amendments to subsection 6, paragraphs a and c, take effect
May 22, 2009, and apply retroactively to January 1, 2005, for
disqualifications in effect on or after that date; 2009 Acts, ch 130,
§18

321J.14 JUDICIAL REVIEW

Judicial review of an action of the department may be sought in
accordance with the terms of the Iowa administrative procedure Act,
chapter 17A. Notwithstanding the terms of that chapter, a petition
for judicial review may be filed in the district court in the county
where the alleged events occurred or in the county in which the
administrative hearing was held.
Section History: Recent Form

86 Acts, ch 1220, §14
Referred to in § 321J.13

321J.15 EVIDENCE IN ANY ACTION.
Upon the trial of a civil or criminal action or proceeding arising
out of acts alleged to have been committed by a person while
operating a motor vehicle in violation of section 321J.2 or 321J.2A,
evidence of the alcohol concentration or the presence of a controlled
substance or other drugs in the person’s body at the time of the act
alleged as shown by a chemical analysis of the person’s blood,
breath, or urine is admissible. If it is established at trial that
an analysis of a breath specimen was performed by a certified
operator using a device intended to determine alcohol concentration
and methods approved by the commissioner of public safety, no further
foundation is necessary for introduction of the evidence.
Section History: Recent Form

86 Acts, ch 1220, §15; 95 Acts, ch 48, §19; 98 Acts, ch 1138, §22;
2008 Acts, ch 1032, §49

321J.16 PROOF OF REFUSAL ADMISSIBLE

If a person refuses to submit to a chemical test, proof of refusal
is admissible in any civil or criminal action or proceeding arising
out of acts alleged to have been committed while the person was
operating a motor vehicle in violation of section 321J.2 or 321J.2A.

Section History: Recent Form

86 Acts, ch 1220, §16; 95 Acts, ch 48, §20
Referred to in § 321J.10

321J.17 CIVIL PENALTY — DISPOSITION — CONDITIONS
FOR LICENSE REINSTATEMENT

1. If the department revokes a person’s driver’s license or
nonresident operating privilege under this chapter, the department
shall assess the person a civil penalty of two hundred dollars. The
money collected by the department under this section shall be
transmitted to the treasurer of state who shall deposit one-half of
the money in the separate fund established in section 915.94 and
one-half of the money in the general fund of the state. A temporary
restricted license shall not be issued unless an ignition interlock
device has been installed pursuant to section 321J.4. A driver’s
license or nonresident operating privilege shall not be reinstated
unless proof of deinstallation of an ignition interlock device
installed pursuant to section 321J.4 has been submitted to the
department. Except as provided in section 321.210B, a temporary
restricted license shall not be issued or a driver’s license or
nonresident operating privilege reinstated until the civil penalty
has been paid. A person assessed a penalty under this section may
remit the civil penalty along with a processing fee of five dollars
to a county treasurer authorized to issue driver’s licenses under
chapter 321M, or the civil penalty may be paid directly to the
department.

2. a. If the department or a court orders the revocation of a
person’s driver’s license or nonresident operating privilege under
this chapter, the department or court shall also order the person, at
the person’s own expense, to do the following:
(1) Enroll, attend, and satisfactorily complete a course for
drinking drivers, as provided in section 321J.22.
(2) Submit to evaluation and treatment or rehabilitation
services.

b. The court or department may request that the community
college or substance abuse treatment providers licensed under chapter
125 conducting the course for drinking drivers that the person is
ordered to attend immediately report to the court or department that
the person has successfully completed the course for drinking
drivers. The court or department may request that the treatment
program which the person attends periodically report on the
defendant’s attendance and participation in the program, as well as
the status of treatment or rehabilitation.

c. A driver’s license or nonresident operating privilege
shall not be reinstated until proof of completion of the requirements
of this subsection is presented to the department.
3. The department shall also require certification of
installation of an ignition interlock device of a type approved by
the commissioner of public safety on all motor vehicles owned or
operated by any person seeking reinstatement following a second or
subsequent conviction for a violation of section 321J.2, unless such
a person has previously received a temporary restricted license as
authorized by this chapter. The requirement for the installation of
an approved ignition interlock device shall be for one year unless a
different time period is required by statute.
Section History: Recent Form

86 Acts, ch 1220, § 17; 87 Acts, ch 232, § 24; 87 Acts, ch 234, §
113; 89 Acts, ch 317, § 37; 91 Acts, ch 258, §50; 93 Acts, ch 110, §
1; 95 Acts, ch 143, §6; 97 Acts, ch 177, §17; 98 Acts, ch 1073, §9;
98 Acts, ch 1075, §25; 98 Acts, ch 1090, §67, 84; 2000 Acts, ch 1118,
§2; 2002 Acts, ch 1119, §155; 2008 Acts, ch 1018, §25, 31
Referred to in § 321.210B, 321J.3, 321J.22, 321M.9, 331.557A

321J.18 OTHER EVIDENCE

This chapter does not limit the introduction of any competent
evidence bearing on the question of whether a person was under the
influence of an alcoholic beverage or a controlled substance or other
drug, including the results of chemical tests of specimens of blood,
breath, or urine obtained more than two hours after the person was
operating a motor vehicle.
Section History: Recent Form

86 Acts, ch 1220, §18; 98 Acts, ch 1138, §23

321J.19 INFORMATION RELAYED TO OTHER STATES

When it has been finally determined under this chapter that a
nonresident’s privilege to operate a motor vehicle in this state has
been revoked or denied, the department shall give information in
writing of the action taken to the official in charge of traffic
control or public safety of the state of the person’s residence and
of any state in which the person has a license.
Section History: Recent Form

86 Acts, ch 1220, §19

321J.20 TEMPORARY RESTRICTED LICENSE

1. The department may, on application, issue a temporary
restricted license to a person whose noncommercial driver’s license
is revoked under this chapter allowing the person to drive to and
from the person’s home and specified places at specified times which
can be verified by the department and which are required by the
person’s full-time or part-time employment, continuing health care or
the continuing health care of another who is dependent upon the
person, continuing education while enrolled in an educational
institution on a part-time or full-time basis and while pursuing a
course of study leading to a diploma, degree, or other certification
of successful educational completion, substance abuse treatment,
court-ordered community service responsibilities, and appointments
with the person’s parole or probation officer if the person’s
driver’s license has not been revoked previously under section
321J.4, 321J.9, or 321J.12 and if any of the following apply:

a. The person’s noncommercial driver’s license is revoked
under section 321J.4 and the minimum period of ineligibility for
issuance of a temporary restricted license has expired. This
subsection shall not apply to a revocation ordered under section
321J.4 resulting from a plea or verdict of guilty of a violation of
section 321J.2 that involved a death.

b. The person’s noncommercial driver’s license is revoked
under section 321J.9 and the person has entered a plea of guilty on a
charge of a violation of section 321J.2 which arose from the same set
of circumstances which resulted in the person’s driver’s license
revocation under section 321J.9 and the guilty plea is not withdrawn
at the time of or after application for the temporary restricted
license, and the minimum period of ineligibility for issuance of a
temporary restricted license has expired.

c. The person’s noncommercial driver’s license is revoked
under section 321J.12, and the minimum period of ineligibility for
issuance of a temporary restricted license has expired.
However, a temporary restricted license may be issued if the
person’s noncommercial driver’s license is revoked under section
321J.9, and the revocation is a second revocation under this chapter,
and the first three hundred sixty-five days of the revocation have
expired.

2. This section does not apply to a person whose license was
revoked under section 321J.2A or section 321J.4, subsection 4 or 6,
or to a person whose license is suspended or revoked for another
reason.

3. A person holding a temporary restricted license issued by the
department under this section shall not operate a motor vehicle for
pleasure.

4. A person holding a temporary restricted license issued by the
department under this section shall not operate a commercial motor
vehicle on a highway if a commercial driver’s license is required for
the person’s operation of the commercial motor vehicle.

5. A person holding a temporary license issued by the department
under this chapter shall be prohibited from operating a school bus.

6. Following certain minimum periods of ineligibility, a
temporary restricted license under this section shall not be issued
until such time as the applicant installs an ignition interlock
device of a type approved by the commissioner of public safety on all
motor vehicles owned or operated by the applicant, in accordance with
section 321J.2, 321J.4, 321J.9, or 321J.12. Installation of an
ignition interlock device under this section shall be required for
the period of time for which the temporary restricted license is
issued.

7. Notwithstanding any provision of this chapter to the contrary,
the department may issue a temporary restricted license to a person
otherwise eligible for a temporary restricted license under this
section, whose period of revocation under this chapter has expired,
but who has not met all requirements for reinstatement of the
person’s driver’s license or nonresident operating privileges.
Section History: Recent Form

86 Acts, ch 1220, § 20; 90 Acts, ch 1230, § 87, 88; 95 Acts, ch
48, §21; 95 Acts, ch 143, §7; 97 Acts, ch 177, §18–20; 98 Acts, ch
1073, §9, 12; 98 Acts, ch 1138, §5, 36, 37; 2000 Acts, ch 1133, §17;
2003 Acts, ch 60, §7; 2007 Acts, ch 196, §6
Referred to in § 321J.2, 321J.4

321J.21 DRIVING WHILE LICENSE SUSPENDED, DENIED,
REVOKED, OR BARRED

1. A person whose driver’s license or nonresident operating
privilege has been suspended, denied, revoked, or barred due to a
violation of this chapter and who drives a motor vehicle while the
license or privilege is suspended, denied, revoked, or barred commits
a serious misdemeanor. In addition to any other penalties, the
punishment imposed for a violation of this subsection shall include
assessment of a fine of one thousand dollars.

2. In addition to the fine, the department, upon receiving the
record of the conviction of a person under this section upon a charge
of driving a motor vehicle while the license of the person was
suspended, denied, revoked, or barred shall extend the period of
suspension, denial, revocation, or bar for an additional like period,
and the department shall not issue a new license during the
additional period.
Section History: Recent Form

86 Acts, ch 1220, §21; 97 Acts, ch 177, §21; 98 Acts, ch 1073, §9;
99 Acts, ch 153, §6
Referred to in § 321.211A, 321J.4, 321J.4B
See § 321.555–321.562 for penalties applicable to habitual
offenders

321J.22 DRINKING DRIVERS COURSE

1. As used in this section, unless the context otherwise
requires:
a. “Course for drinking drivers” means an approved course
designed to inform the offender about drinking and driving and
encourage the offender to assess the offender’s own drinking and
driving behavior in order to select practical alternatives.
b. “Satisfactory completion of a course” means receiving at
the completion of a course a grade from the course instructor of “C”
or “2.0” or better.

2. a. The course provided according to this section shall be
offered on a regular basis at each community college as defined in
section 260C.2, or by substance abuse treatment programs licensed
under chapter 125, or may be offered at a state correctional facility
listed in section 904.102. However, a community college shall not be
required to offer the course if a substance abuse treatment program
licensed under chapter 125 offers the course within the merged area
served by the community college.

b. Enrollment in the courses is not limited to persons
ordered to enroll, attend, and successfully complete the course
required under sections 321J.2 and 321J.17, subsection 2. However,
any person under age eighteen who is required to attend the courses
for violation of section 321J.2 or 321J.17 must attend a course
offered by a substance abuse treatment program licensed under chapter
125.

c. The course required by this section shall be:
(1) Taught by a community college under the supervision of the
department of education or by a substance abuse treatment program
licensed under chapter 125, and may be offered at a state
correctional facility.

(2) Approved by the department of education, in consultation with
the community colleges, substance abuse treatment programs licensed
under chapter 125, the department of public health, and the
department of corrections.

d. The department of education shall establish reasonable
fees to defray the expense of obtaining classroom space, instructor
salaries, and class materials for courses offered both by community
colleges and by substance abuse treatment programs licensed under
chapter 125, or for classes offered at a state correctional facility,
and for administrative expenses incurred by the department of
education in implementing subsection 5 on behalf of in-state and
out-of-state offenders.

e. A person shall not be denied enrollment in a course by
reason of the person’s indigency.
3. An employer shall not discharge a person from employment
solely for the reason of work absence to attend a course required by
this section. Any employer who violates this section is liable for
damages which include but are not limited to actual damages, court
costs, and reasonable attorney fees. The person may also petition
the court for imposition of a cease and desist order against the
person’s employer and for reinstatement to the person’s previous
position of employment.

4. The department of education, substance abuse treatment
programs licensed under chapter 125, and state correctional
facilities shall prepare for their respective courses a list of the
locations of the courses taught under this section, the dates and
times taught, the procedure for enrollment, and the schedule of
course fees. The list shall be kept current and a copy of the list
shall be sent to each court having jurisdiction over offenses
provided in this chapter.

5. The department of education, substance abuse treatment
programs licensed under chapter 125, and state correctional
facilities shall maintain enrollment, attendance, successful and
nonsuccessful completion data for their respective courses on the
persons ordered to enroll, attend, and successfully complete a course
for drinking drivers. This data shall be forwarded to the court by
the department of education, substance abuse treatment programs
licensed under chapter 125, and the department of corrections.
Section History: Recent Form

86 Acts, ch 1220, § 22; 90 Acts, ch 1253, § 120; 97 Acts, ch 177,
§22; 2000 Acts, ch 1138, §5; 2002 Acts, ch 1140, §37; 2002 Acts, 2nd
Ex, ch 1003, §240, 262; 2003 Acts, ch 180, §60; 2008 Acts, ch 1124,
§16
Referred to in § 321J.17, 707.6A

321J.23 LEGISLATIVE FINDINGS

The general assembly finds and declares as follows:
1. Drivers often do not realize the consequences of drinking
alcohol or using other drugs, and driving a motor vehicle.

2. Prompt intervention is needed to protect society, including
drivers, from death or serious long-term injury.

3. The conviction of a driver for operating while intoxicated
identifies that person as a risk to the health and safety of others,
as well as to the intoxicated driver.

4. Close observation of the effects on others of alcohol and drug
use by an intoxicated driver convicted of operating while intoxicated
may have a marked effect on recidivism and should therefore be
encouraged by the courts.

5. The reality education substance abuse prevention program
provides guidelines for the operation of an intensive program to
discourage recidivism.
Section History: Recent Form

92 Acts, ch 1231, §45

321J.24 COURT-ORDERED VISITATION FOR OFFENDERS —
IMMUNITY FROM LIABILITY

1. As used in this section, unless the context otherwise
requires:

a. “Appropriate victim” means a victim whose condition
demonstrates the results of a motor vehicle accident involving
intoxicated drivers without being excessively traumatic to the
participant, as determined by the tour supervisor.

b. “Participant” means a person who is ordered by the court
to participate in the reality education substance abuse prevention
program.

c. “Program” means the reality education substance abuse
prevention program.

d. “Program coordinator” means a person appointed by the
court to coordinate the person’s participation in the program.

e. “Tour supervisor” means a person selected by a
participant’s program coordinator to supervise a tour.
2. A reality education substance abuse prevention program is
established in those judicial districts where the chief judge of the
judicial district authorizes participation in the program. Upon a
conviction or adjudication for a violation of section 321J.2, or the
entry of a deferred judgment concerning a violation of section
321J.2, the court or juvenile court may order participation in the
reality education substance abuse prevention program as a term and
condition of probation or disposition in addition to any other term
or condition of probation or disposition required or authorized by
law. The court or juvenile court shall require the defendant or
delinquent child to abstain from consuming any controlled substance,
alcoholic liquor, wine, or beer while participating in the program.

3. The court or juvenile court shall consult with the defendant
or delinquent child and the defendant’s or delinquent child’s
attorney, if any, and may consult with any other person, including
but not limited to the defendant’s or delinquent child’s parents or
other family members, to determine if the defendant or delinquent
child is suitable for participation in the program, if the program
will be educational and meaningful to the defendant or delinquent
child, and if any physical, emotional, mental, or other reasons exist
which indicate that the program would be inappropriate or would cause
any injury to the defendant or delinquent child.

4. The court or juvenile court may appoint a program coordinator,
to coordinate all tours and select appropriate tour supervisors for
each tour. The program coordinator shall monitor compliance by
contacting each tour supervisor following the completion of a tour.

5. The court or juvenile court may include a requirement for a
supervised educational tour by the defendant or delinquent child to
any or all of the following:
a. A hospital or other emergency medical care facility which
regularly receives victims of motor vehicle accidents, to observe
treatment of appropriate victims of motor vehicle accidents involving
intoxicated drivers, under the supervision of a registered nurse,
physician, paramedic, or emergency medical technician.
b. A facility for the treatment of chemical substance abuse
as defined in section 125.2, under the supervision of appropriately
licensed medical personnel.
c. If approved by the state or county medical examiner, a
morgue or a similar facility to receive appropriate educational
material and instruction concerning damage caused by the consumption
of alcohol or other drugs, under the supervision of the county
medical examiner or deputy medical examiner.
However, the court or juvenile court shall not order the defendant
or delinquent child to participate in a supervised education tour of
a hospital or other facility specified in this subsection, unless the
hospital or facility agrees to participate in the program.

6. Prior to a tour, the program coordinator shall explain and
discuss the experiences which may be encountered during the tour to
the participant. If the program coordinator determines at any time
before or during a tour that the tour may be traumatic or otherwise
inappropriate for the participant, the program coordinator shall
terminate the tour without prejudice to the participant.

7. The court or juvenile court may order a personal conference
after the tours with the participant, the participant’s attorney, if
any, and any other persons if available and deemed necessary by the
court or juvenile court, to discuss the experiences of the
participant in the program and how those experiences may impact the
participant’s conduct. The court or juvenile court may order the
participant to write a report or letter concerning the participant’s
experiences in the program.

8. Tour supervisors and facilities toured during the program are
not liable for any civil damages resulting from injury to the
participant, or civil damages caused by the participant during or
from any activities related to a tour, except for willful or grossly
negligent acts intended to, or reasonably expected to result in, such
injury or damage.

9. The chief judge of the judicial district shall determine fees
to be paid by participants in the program. The judicial branch shall
use the fees to pay all costs associated with the program. The court
shall either require the participant to pay the fee in order to
participate in the program, or may waive the fee or collect a lesser
amount upon a showing of cause.
Section History: Recent Form

92 Acts, ch 1231, §46; 97 Acts, ch 177, §23, 24; 98 Acts, ch 1047,
§29
Referred to in § 321J.2, 707.6A

321J.25 YOUTHFUL OFFENDER SUBSTANCE ABUSE AWARENESS
PROGRAM

1. As used in this section, unless the context otherwise
requires:

a. “Participant” means a person whose driver’s license or
operating privilege has been revoked for a violation of section
321J.2A.

b. “Program” means a substance abuse awareness program
provided under a contract entered into between the provider and the
Iowa department of public health under chapter 125.

c. “Program coordinator” means a person assigned the duty to
coordinate a participant’s activities in a program by the program
provider.
2. A substance abuse awareness program is established in each of
the regions established by the director of public health pursuant to
section 125.12. The program shall consist of an insight class and a
substance abuse evaluation, which shall be attended by the
participant, to discuss issues related to the potential consequences
of substance abuse. The parent or parents of the participant shall
also be encouraged to participate in the program. The program
provider shall consult with the participant or the parents of the
participant in the program to determine the timing and appropriate
level of participation for the participant and any participation by
the participant’s parents. The program may also include a supervised
educational tour by the participant to any or all of the following:
a. A hospital or other emergency medical care facility which
regularly receives victims of motor vehicle accidents, to observe
treatment of appropriate victims of motor vehicle accidents involving
intoxicated drivers, under the supervision of a registered nurse,
physician, paramedic, or emergency medical technician.
b. A facility for the treatment of chemical substance abuse
as defined in section 125.2, under the supervision of appropriately
licensed medical personnel.
c. If approved by the state or county medical examiner, a
morgue or a similar facility to receive appropriate educational
material and instruction concerning damage caused by the consumption
of alcohol or other drugs, under the supervision of the county
medical examiner or deputy medical examiner.

3. If the program includes a tour, the program coordinator shall
explain and discuss the experiences which may be encountered during
the tour to the participant. If the program coordinator determines
at any time before or during a tour that the tour may be traumatic or
otherwise inappropriate for the participant, the program coordinator
shall terminate the tour without prejudice to the participant.

4. Upon the revocation of the driver’s license or operating
privileges of a person who is fourteen years of age or older for a
violation of section 321J.2A, if the person has had no previous
revocations under either section 321J.2 or section 321J.2A, a person
may participate in the substance abuse awareness program. The state
department of transportation shall notify a potential program
participant of the possibility and potential benefits of attending a
program and shall notify a potential program participant of the
availability of programs which exist in the area in which the person
resides. The state department of transportation shall consult with
the Iowa department of public health to determine what programs are
available in various areas of the state.

5. Program providers and facilities toured during the program are
not liable for any civil damages resulting from injury to the
participant, or civil damages caused by the participant during or
from any activities related to a tour, except for willful or grossly
negligent acts intended to, or reasonably expected to result in, such
injury or damage.

6. The program provider shall determine fees to be paid by
participants in the program. The program fees shall be paid on a
sliding scale, based upon the ability of a participant and a
participant’s family to pay the fees, and shall not exceed one
hundred dollars per participant. The program provider shall use the
fees to pay all costs associated with the program.