Text: HSB00037 Text: HSB00039 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.2, subsections 1 and 9, Code 1995, 1 2 are amended to read as follows: 1 3 1. A person commits the offense of operating while 1 4 intoxicated if the person operates a motor vehicle in this 1 5 state in either of the following conditions: 1 6 a. While under the influence of an alcoholic beverage or 1 7 other drug or a combination of such substances. 1 8 b. While having an alcohol concentration as defined in 1 9 section 321J.1 of.10.08 or more. 1 10 9. In any prosecution under this section, the results of a 1 11 chemical test may not be used to prove a violation of 1 12 paragraph "b" of subsection 1 if the alcohol concentration 1 13 indicated by the chemical test minus the established margin of 1 14 error inherent in the device or method used to conduct the 1 15 chemical test does not equal an alcohol concentration of.101 16 .08 or more. 1 17 Sec. 2. Section 321J.4, subsection 3, paragraph b, 1 18 subparagraph (2), Code 1995, is amended to read as follows: 1 19 (2) The defendant has not been convicted, since the date 1 20 of the revocation order, of any subsequent violations of 1 21 section 321J.2 or 123.46, or any comparable city or county 1 22 ordinance, and the defendant has not, since the date of the 1 23 revocation order, submitted to a chemical test under this 1 24 chapter that indicated an alcohol concentration as defined in 1 25 section 321J.1 of.10.08 or more, or refused to submit to 1 26 chemical testing under this chapter. 1 27 Sec. 3. Section 321J.6, subsection 1, paragraphs d and f, 1 28 Code 1995, are amended to read as follows: 1 29 d. The preliminary breath screening test was administered 1 30 and it indicated an alcohol concentration as defined in 1 31 section 321J.1 of.10.08 or more. 1 32 f. The preliminary breath screening test was administered 1 33 and it indicated an alcohol concentration of less than0.101 34 .08 and the peace officer has reasonable grounds to believe 1 35 that the person was under the influence of a drug other than 2 1 alcohol or a combination of alcohol and another drug. 2 2 Sec. 4. Section 321J.8, subsection 2, Code 1995, is 2 3 amended to read as follows: 2 4 2. If the person submits to the test and the results 2 5 indicate an alcohol concentration as defined in section 321J.1 2 6 of.10.08 or more, the person's license or operating 2 7 privilege will be revoked by the department for the applicable 2 8 period under section 321J.12. 2 9 Sec. 5. Section 321J.12, Code 1995, is amended to read as 2 10 follows: 2 11 321J.12 TEST RESULT REVOCATION. 2 12 Upon certification, subject to penalty for perjury, by the 2 13 peace officer that there existed reasonable grounds to believe 2 14 that the person had been operating a motor vehicle in 2 15 violation of section 321J.2, that there existed one or more of 2 16 the necessary conditions for chemical testing described in 2 17 section 321J.6, subsection 1, and that the person submitted to 2 18 chemical testing and the test results indicated an alcohol 2 19 concentration as defined in section 321J.1 of.10.08 or more, 2 20 the department shall revoke the person's motor vehicle license 2 21 or nonresident operating privilege for a period of one hundred 2 22 eighty days if the person has had no revocation within the 2 23 previous six years under this chapter, and one year if the 2 24 person has had one or more previous revocations within the 2 25 previous six years under this chapter. 2 26 The effective date of the revocation shall be twenty days 2 27 after the department has mailed notice of revocation to the 2 28 person by certified mail. The peace officer who requested or 2 29 directed the administration of the chemical test may, on 2 30 behalf of the department, serve immediate notice of revocation 2 31 on a person whose test results indicated an alcohol 2 32 concentration of.10.08 or more. 2 33 If the peace officer serves that immediate notice, the 2 34 peace officer shall take the person's Iowa license or permit, 2 35 if any, and issue a temporary license valid only for twenty 3 1 days. The peace officer shall immediately send the person's 3 2 driver's license to the department along with the officer's 3 3 certificate indicating that the test results indicated an 3 4 alcohol concentration of.10.08 or more. 3 5 The results of a chemical test may not be used as the basis 3 6 for a revocation of a person's motor vehicle license or 3 7 nonresident operating privilege if the alcohol concentration 3 8 indicated by the chemical test minus the established margin of 3 9 error inherent in the device or method used to conduct the 3 10 chemical test does not equal an alcohol concentration of.103 11 .08 or more. 3 12 Sec. 6. Section 321J.13, subsection 2, paragraph b, Code 3 13 1995, is amended to read as follows: 3 14 b. Whether a test was administered and the test results 3 15 indicated an alcohol concentration as defined in section 3 16 321J.1 of.10.08 or more. 3 17 Sec. 7. Section 707.6A, subsection 1, paragraph a, Code 3 18 1995, is amended to read as follows: 3 19 a. Operating a motor vehicle while under the influence of 3 20 alcohol or other drug or a combination of such substances or 3 21 while having an alcohol concentration, as defined in section 3 22 321J.1, subsection 1, of.10.08 or more. Upon a plea or 3 23 verdict of guilty of a violation of this paragraph, the court 3 24 shall order the state department of transportation to revoke 3 25 the defendant's motor vehicle license or nonresident operating 3 26 privileges for a period of six years. The defendant shall 3 27 surrender to the court any Iowa license or permit and the 3 28 court shall forward it to the department with a copy of the 3 29 revocation order. 3 30 EXPLANATION 3 31 This bill lowers the per se alcohol concentration level 3 32 from .10 to .08 for the violation of operating a motor vehicle 3 33 while under the influence of an alcoholic beverage. 3 34 BACKGROUND STATEMENT 3 35 SUBMITTED BY THE AGENCY 4 1 Medical and traffic safety research has shown that many 4 2 drivers are impaired at low BAC (Blood Alcohol Content) 4 3 levels, and even experienced drinkers show impairment by the 4 4 time a .08 BAC is reached. The risk of a fatal crash is four 4 5 times greater at the .08 BAC level than if no alcohol is 4 6 consumed by a motor vehicle operator. Reducing the minimum 4 7 level at which drivers are considered intoxicated to .08 is a 4 8 reasonable and necessary step toward reducing drunk driving 4 9 and promoting safer highways. 4 10 LSB 1063DP 76 4 11 lh/cf/24.1
Text: HSB00037 Text: HSB00039 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/HSB/00000/HSB00038/950130.html
jhf