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House Journal: Page 1091: Tuesday, March 31, 1998

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

Page 2  

 1     a.  The alcohol concentration established by the
 2   results of an analysis of a specimen of the
 3   defendant's blood, breath, or urine withdrawn within
 4   two hours after the defendant was driving or in
 5   physical control of a motor vehicle is presumed to be
 6   the alcohol concentration at the time of driving or
 7   being in physical control of the motor vehicle.
 8     b.  The presence of a controlled substance or other
 9   drug established by the results of analysis of a
10   specimen of the defendant's blood or urine withdrawn
11   within two hours after the defendant was driving or in
12   physical control of a motor vehicle is presumed to
13   show the presence of such controlled substance or
14   other drug in the defendant at the time of driving or
15   being in physical control of the motor vehicle.
16     Sec. ___.  Section 321J.2, subsection 10, Code
17   Supplement 1997, is amended to read as follows:
18     10.  In any prosecution under this section, the
19   results of a chemical test may not be used to prove a
20   violation of paragraph "b" of subsection 1 if the
21   alcohol, controlled substance, or other drug
22   concentration indicated by the chemical test minus the
23   established margin of error inherent in the device or
24   method used to conduct the chemical test does not
25   equal an alcohol concentration of .10 or more or
26   exceed the level prohibited by subsection 1.
27     Sec. ___.  Section 321J.6, subsection 1, unnumbered
28   paragraph 1, Code 1997, is amended to read as follows:
29     A person who operates a motor vehicle in this state
30   under circumstances which give reasonable grounds to
31   believe that the person has been operating a motor
32   vehicle in violation of section 321J.2 or 321J.2A is
33   deemed to have given consent to the withdrawal of
34   specimens of the person's blood, breath, or urine and
35   to a chemical test or tests of the specimens for the
36   purpose of determining the alcohol concentration or
37   presence of a controlled substance or other drugs,
38   subject to this section.  The withdrawal of the body
39   substances and the test or tests shall be administered
40   at the written request of a peace officer having
41   reasonable grounds to believe that the person was
42   operating a motor vehicle in violation of section
43   321J.2 or 321J.2A, and if any of the following
44   conditions exist:
45     Sec. ___.  Section 321J.6, subsection 1, paragraphs
46   d and f, Code 1997, are amended to read as follows:

© 1998 Cornell College and League of Women Voters of Iowa

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