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House Journal: Page 1092: Tuesday, March 31, 1998

47     d.  The preliminary breath screening test was
48   administered and it indicated an alcohol concentration
49   as defined in equal to or in excess of the level
50   prohibited by section 321J.1 of .10 or more
321J.2.

Page 3

 1     f.  The preliminary breath screening test was
 2   administered and it indicated an alcohol concentration
 3   of less than 0.10 the level prohibited by
section
 4   321J.2, and the peace officer has reasonable grounds
 5   to believe that the person was under the influence of
 6   a controlled substance, a drug other than alcohol,
or
 7   a combination of alcohol and another drug.
 8     Sec. ___.  Section 321J.6, subsection 3, Code 1997,
 9   is amended to read as follows:
10     3.  Notwithstanding subsection 2, if the peace
11   officer has reasonable grounds to believe that the
12   person was under the influence of a controlled
13   substance, a drug other than alcohol, or a
combination
14   of alcohol and another drug, a blood or urine test
may
15   shall be required even after a blood or breath
another
16   type of test has been administered.  Section 321J.9
17   applies to a refusal to submit to a chemical test of
18   urine or blood requested under this subsection.
19     Sec. ___.  Section 321J.8, subsection 2, Code 1997,
20   is amended to read as follows:
21     2.  If the person submits to the test and the
22   results indicate the presence of a controlled
23   substance or other drug, or an alcohol concentration
24   as defined in equal to or in excess of the level
25   prohibited by section 321J.1 of .10 or more, or the
26   person is under the age of twenty-one and the results
27   indicate an alcohol concentration of .02 or more, but
28   less than .10 321J.2 or 321J.2A, the person's motor
29   vehicle license or nonresident operating privilege
30   will be revoked by the department as required by and
31   for the applicable period specified under section
32   321J.12.
33     Sec. ___.  Section 321J.10, subsection 4, Code
34   1997, is amended to read as follows:
35     4.  a.  Search warrants issued under this section
36   shall authorize and direct peace officers to secure
37   the withdrawal of blood specimens by medical personnel
38   under section 321J.11.  Reasonable care shall be
39   exercised to ensure the health and safety of the
40   persons from whom specimens are withdrawn in execution
41   of the warrants.
42     b.  If a person from whom a specimen is to be
43   withdrawn objects to the withdrawal of blood, and
the
44   warrant may be executed as follows:
45     (1)  If the person is capable of giving a specimen
46   of breath, and a direct breath testing instrument is

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URL: /DOCS/GA/77GA/Session.2/HJournal/01000/01092.html
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