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House Journal: Page 1093: Tuesday, March 31, 1998

47   readily available, the warrant may be executed by the
48   withdrawal of a specimen of breath for chemical
49   testing, unless the peace officer has reasonable
50   grounds to believe that the person was under the

Page 4

 1   influence of a controlled substance, a drug other than
 2   alcohol, or a combination of alcohol and another drug.
 3     (2)  If the testimony in support of the warrant
 4   sets forth facts and information that the peace
 5   officer has reasonable grounds to believe that the
 6   person was under the influence of a controlled
 7   substance, a drug other than alcohol, or a combination
 8   of alcohol and another drug, a urine sample shall be
 9   collected in lieu of a blood sample, if the person is
10   capable of giving a urine sample and the sample can be
11   collected without the need to physically compel the
12   execution of the warrant.
13     Sec. ___.  Section 321J.11, unnumbered paragraph 1,
14   Code 1997, is amended to read as follows:
15     Only a licensed physician, licensed physician
16   assistant as defined in section 148C.1, medical
17   technologist, or registered nurse, acting at the
18   request of a peace officer, may withdraw a specimen of
19   blood for the purpose of determining the alcohol
20   concentration or the presence of a controlled
21   substance or other drugs.  However, any peace officer,
22   using devices and methods approved by the commissioner
23   of public safety, may take a specimen of a person's
24   breath or urine for the purpose of determining the
25   alcohol concentration or the presence of a controlled
26   substance or other drugs.  Only new equipment kept
27   under strictly sanitary and sterile conditions shall
28   be used for drawing blood.
29     Sec. ___.  Section 321J.12, subsection 1, 3, 4, and
30   6, Code Supplement 1997, are amended to read as
31   follows:
32     1.  Upon certification, subject to penalty for
33   perjury, by the peace officer that there existed
34   reasonable grounds to believe that the person had been
35   operating a motor vehicle in violation of section
36   321J.2, that there existed one or more of the
37   necessary conditions for chemical testing described in
38   section 321J.6, subsection 1, and that the person
39   submitted to chemical testing and the test results
40   indicated the presence of a controlled substance or
41   other drug, or an alcohol concentration as defined
in
42   equal to or in excess of the level prohibited by
43   section 321J.1 of .10 or more 321J.2, or a
combination
44   of alcohol and another drug in violation of section
45   321J.2, the department shall revoke the person's motor
46   vehicle license or nonresident operating privilege for

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