Text: HF00528 Text: HF00530 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 321J.2A, Code 1999, is amended to read
1 2 as follows:
1 3 321J.2A PERSONS UNDER THE AGE OF TWENTY-ONE.
1 4 1. A person who is under the age of twenty-one shall not
1 5 operate a motor vehicle while having an alcohol concentration,
1 6 as defined under section 321J.1, of .02 or more.
1 7 2. The driver's license or nonresident operating privilege
1 8 of a person who is under the age of twenty-one and who
1 9 operates a motor vehicle while having an alcohol concentration
1 10 of .02 or more shall be revoked by the department for the
1 11 period of time specified under section 321J.12.
1 12 3. A revocation under this section shall not preclude a
1 13 prosecution or conviction under any applicable criminal
1 14 provisions of this chapter. However, if the person is
1 15 convicted of a criminal offense under section 321J.2, the
1 16 revocation imposed under this section shall be superseded by
1 17 any revocation imposed as a result of the conviction.
1 18 4. In any proceeding regarding a revocation under this
1 19 section, evidence of the results of analysis of a specimen of
1 20 the defendant's blood, breath, or urine is admissible upon
1 21 proof of a proper foundation. The alcohol concentration
1 22 established by the results of an analysis of a specimen of the
1 23 defendant's blood, breath, or urine withdrawn within two hours
1 24 after the defendant was driving or in physical control of a
1 25 motor vehicle is presumed to be the alcohol concentration at
1 26 the time of driving or being in physical control of the motor
1 27 vehicle.
1 28 5. This section does not apply to a person operating a
1 29 motor vehicle while having an alcohol concentration of .02 or
1 30 more if the source of the alcohol concentration is a substance
1 31 which may be legally ingested by a person who is under the age
1 32 of twenty-one, including but not limited to substances such as
1 33 mouthwash or prescription medication prescribed for the person
1 34 and taken under the prescription and in accordance with the
1 35 directions of a practitioner as defined in section 155A.3, or
2 1 dispensed by a pharmacist without a prescription pursuant to
2 2 the rules of the board of pharmacy examiners. The department,
2 3 in consultation with the board of pharmacy examiners and the
2 4 department of public safety, shall adopt administrative rules
2 5 for this exception that may include a nonexclusive list of
2 6 substances that may produce such an effect.
2 7 a. The exception authorized by this subsection may be
2 8 applied by the apprehending officer at the time of
2 9 apprehension, based on substantial evidence, or may be
2 10 asserted as an affirmative defense in any proceeding related
2 11 to a license revocation under this section.
2 12 b. This subsection does not authorize a person to drive
2 13 while under the influence of a legal substance which impairs
2 14 the person's ability to operate a motor vehicle, or exempt a
2 15 person from being charged with operating while intoxicated
2 16 under section 321J.2.
2 17 EXPLANATION
2 18 This bill provides that a person under the age of 21 who
2 19 drives in violation of the .02 blood alcohol concentration
2 20 (BAC) level prohibited by Code section 321J.2A does not
2 21 violate the statute when the BAC level is caused by a legal
2 22 substance such as mouthwash or prescription medication. The
2 23 exception may be applied by an apprehending officer, or may be
2 24 asserted as an affirmative defense in license revocation
2 25 proceedings under the section.
2 26 The amendment directs the state department of
2 27 transportation, in consultation with the board of pharmacy
2 28 examiners and department of public safety, to adopt rules
2 29 related to the exception, including a nonexclusive list of
2 30 substances known to produce such an effect.
2 31 The exception does prohibit prosecution under Code section
2 32 321J.2 for driving while impaired.
2 33 LSB 2814HH 78
2 34 jj/sc/14
Text: HF00528 Text: HF00530 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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