House File 89 - Introduced HOUSE FILE BY R. OLSON Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to a peace officer's statements to a person 2 operating a noncommercial motor vehicle and holding a 3 commercial driver's license who has been requested to submit 4 to a chemical test in an operating=while=intoxicated case. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1563HH 82 7 rh/sh/8 PAG LIN 1 1 Section 1. Section 321J.8, subsection 3, unnumbered 1 2 paragraph 1, Code 2007, is amended to read as follows: 1 3 a. If the person is operating a commercial motor vehicle 1 4 as defined in section 321.1 and either refuses to submit to 1 5 the test or submits to the test and the results indicate an 1 6 alcohol concentration of 0.04 or more, the person is 1 7 disqualified from operating a commercial motor vehicle for the 1 8 applicable period under section 321.208 in addition to any 1 9 revocation of the person's driver's license or nonresident 1 10 operating privilege which may be applicable under this 1 11 chapter. 1 12 b. If the person is operating a noncommercial motor 1 13 vehicle and holding a commercial driver's license as defined 1 14 in section 321.1 and either refuses to submit to the test or 1 15 operates a motor vehicle while under the influence of an 1 16 alcoholic beverage or other drug or controlled substance or a 1 17 combination of such substances, the person is disqualified 1 18 from operating a commercial motor vehicle for the applicable 1 19 period under section 321.208 in addition to any revocation of 1 20 the person's driver's license or nonresident operating 1 21 privilege which may be applicable under this chapter. 1 22 EXPLANATION 1 23 This bill relates to a peace officer's statements to a 1 24 person operating a noncommercial motor vehicle and holding a 1 25 commercial driver's license who has been requested to submit 1 26 to a chemical test in an operating=while=intoxicated case. 1 27 The bill provides that in such a case, a person who either 1 28 refuses to submit to the test or operates a motor vehicle 1 29 while under the influence of an alcoholic beverage or other 1 30 drug or controlled substance or a combination of such 1 31 substances, is disqualified from operating a commercial motor 1 32 vehicle for a one=year period in addition to any revocation of 1 33 the person's driver's license or nonresident operating 1 34 privilege which may be applicable under Code chapter 321J. 1 35 LSB 1563HH 82 2 1 rh:nh/sh/8