Text: HF02183 Text: HF02185 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.2, subsection 1, paragraph b, Code 1 2 Supplement 1999, is amended to read as follows: 1 3 b. (1) While having an alcohol concentration of .10 or 1 4 more for a first offense under this section. 1 5 (2) While having an alcohol concentration of .08 or more 1 6 for a second or subsequent offense under this section. 1 7 Sec. 2. Section 321J.6, subsection 1, paragraph g, Code 1 8 1999, is amended to read as follows: 1 9 g. The preliminary breath screening test was administered 1 10 and it indicated an alcohol concentration of .02 or more but 1 11 less than.10the blood alcohol concentration level prohibited 1 12 under section 321J.2 and the person is under the age of 1 13 twenty-one. 1 14 Sec. 3. Section 321J.12, subsection 5, Code 1999, is 1 15 amended to read as follows: 1 16 5. Upon certification, subject to penalty of perjury, by 1 17 the peace officer that there existed reasonable grounds to 1 18 believe that the person had been operating a motor vehicle in 1 19 violation of section 321J.2A, that there existed one or more 1 20 of the necessary conditions for chemical testing described in 1 21 section 321J.6, subsection 1, and that the person submitted to 1 22 chemical testing and the test results indicated an alcohol 1 23 concentration as defined in section 321J.1 of .02 or more but 1 24 less than.10the blood alcohol concentration level prohibited 1 25 under section 321J.2, the department shall revoke the person's 1 26 driver's license or operating privilege for a period of sixty 1 27 days if the person has had no previous revocation under this 1 28 chapter, and for a period of ninety days if the person has had 1 29 a previous revocation under this chapter. 1 30 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection 1 31 3, shall not apply to this Act. 1 32 EXPLANATION 1 33 This bill amends Code section 321J.2 relating to operating 1 34 while intoxicated offenses (OWI), to provide that a blood 1 35 alcohol concentration (BAC) level of .08 or more shall 2 1 constitute a per se OWI violation for second and subsequent 2 2 offenses. First offenses shall continue to use a .10 BAC 2 3 level for per se OWI offenses. The bill also makes technical 2 4 changes to other sections to reflect this change. 2 5 The bill may include a state mandate as defined in Code 2 6 section 25B.3. This bill makes inapplicable Code section 2 7 25B.2, subsection 3, which would relieve a political 2 8 subdivision from complying with a state mandate if funding for 2 9 the cost of the state mandate is not provided or specified. 2 10 Therefore, political subdivisions are required to comply with 2 11 any state mandate included in this bill. 2 12 LSB 6249YH 78 2 13 jj/as/5
Text: HF02183 Text: HF02185 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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