Text: HF00528                           Text: HF00530
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 529

Partial Bill History

Bill Text

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  1 16 revocation imposed under this section shall be superseded by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  1 23 defendant's blood, breath, or urine withdrawn within two hours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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