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is 1 15 convicted of a criminal offense under section 321J.2, the 1 16 revocation imposed under this section shall be superseded by 1 17 any revocation imposed as a result of the conviction. 1 18 4.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1 22 established by the results of an analysis of a specimen of the 1 23 defendant's blood, breath, or urine withdrawn within two hours 1 24 after the defendant was driving or in physical control of a 1 25 motor vehicle is presumed to be the alcohol concentration at 1 26 the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
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00500/HF00529/990308.html
jhf