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House Journal: Page 1094: Tuesday, March 31, 1998

47   the following periods of time:
48     a.  One hundred eighty days if the person has had
49   no revocation under this chapter.
50     b.  One year if the person has had a previous

Page 5

 1   revocation under this chapter.
 2     3.  The effective date of the revocation shall be
 3   ten days after the department has mailed notice of
 4   revocation to the person by certified mail.  The peace
 5   officer who requested or directed the administration
 6   of the chemical test may, on behalf of the department,
 7   serve immediate notice of revocation on a person whose
 8   test results indicated the presence of a controlled
 9   substance or other drug, or an alcohol concentration
10   of .10 or more equal to or in excess of the level
11   prohibited by section 321J.2, or a combination of
12   alcohol and another controlled substance or drug in
13   violation of section 321J.2.
14     4.  If the peace officer serves that immediate
15   notice, the peace officer shall take the person's Iowa
16   license or permit, if any, and issue a temporary
17   license valid only for ten days.  The peace officer
18   shall immediately send the person's driver's license
19   to the department along with the officer's certificate
20   indicating that the test results indicated the
21   presence of a controlled substance or other drug, or
22   an alcohol concentration of .10 or more equal to or
in
23   excess of the level prohibited by section 321J.2.
24     6.  The results of a chemical test may not be used
25   as the basis for a revocation of a person's motor
26   vehicle license or nonresident operating privilege if
27   the alcohol or drug concentration indicated by the
28   chemical test minus the established margin of error
29   inherent in the device or method used to conduct the
30   chemical test does is not equal an alcohol
31   concentration of .10 or more for violations under to
32   or in excess of the level prohibited by section 321J.2
33   or of .02 or more for violations of section 321J.2A.
34     Sec. ___.  Section 321J.13, subsection 2, Code
35   Supplement 1997, is amended to read as follows:
36     2.  The department shall grant the person an
37   opportunity to be heard within forty-five days of
38   receipt of a request for a hearing if the request is
39   made not later than ten days after receipt of notice
40   of revocation served pursuant to section 321J.9 or
41   321J.12.  The hearing shall be before the department
42   in the county where the alleged events occurred,
43   unless the director and the person agree that the
44   hearing may be held in some other county, or the
45   hearing may be held by telephone conference at the
46   discretion of the agency conducting the hearing.  The

© 1998 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/77GA/Session.2/HJournal/01000/01094.html
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