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Senate File 169

Partial Bill History

Bill Introduced: S.J. 332
Complete 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 any measurable alcohol
  1  6 concentration, as defined under section 321J.1, of .02 or
  1  7 more.
  1  8    2.  The driver's license or nonresident operating privilege
  1  9 of a person who is under the age of twenty-one and who
  1 10 operates a motor vehicle while having an alcohol concentration
  1 11 of .02 or more in violation of subsection 1 shall be revoked
  1 12 by the department for the period of time specified under
  1 13 section 321J.12.
  1 14    3.  A revocation under this section shall not preclude a
  1 15 prosecution or conviction under any applicable criminal
  1 16 provisions of this chapter.  However, if the person is
  1 17 convicted of a criminal offense under section 321J.2, the
  1 18 revocation imposed under this section shall be superseded by
  1 19 any revocation imposed as a result of the conviction.
  1 20    4.  In any proceeding regarding a revocation under this
  1 21 section, evidence of the results of analysis of a specimen of
  1 22 the defendant's blood, breath, or urine is admissible upon
  1 23 proof of a proper foundation.
  1 24    5.  The alcohol concentration established by the results of
  1 25 an analysis of a specimen of the defendant's blood, breath, or
  1 26 urine withdrawn within two hours after the defendant was
  1 27 driving or in physical control of a motor vehicle is presumed
  1 28 to be the alcohol concentration at the time of driving or
  1 29 being in physical control of the motor vehicle.
  1 30    6.  In any proceedings conducted under this section, the
  1 31 results of a chemical test shall not be used to prove a
  1 32 violation of this section if the alcohol level indicated by
  1 33 the chemical test minus the established margin of error
  1 34 inherent in the device or method used to conduct the chemical
  1 35 test does not result in a measurable alcohol concentration.
  2  1    Sec. 2.  Section 321J.6, subsection 1, paragraph g, Code
  2  2 1999, is amended to read as follows:
  2  3    g.  The preliminary breath screening test was administered
  2  4 and it indicated an alcohol concentration of .02 or more equal
  2  5 to or greater than the level prohibited by section 321J.2A but
  2  6 less than .10 the level prohibited by section 321J.2 and the
  2  7 person is under the age of twenty-one.
  2  8    Sec. 3.  Section 321J.12, subsection 5, Code 1999, is
  2  9 amended to read as follows:
  2 10    5.  Upon certification, subject to penalty of perjury, by
  2 11 the peace officer that there existed reasonable grounds to
  2 12 believe that the person had been operating a motor vehicle in
  2 13 violation of section 321J.2A, that there existed one or more
  2 14 of the necessary conditions for chemical testing described in
  2 15 section 321J.6, subsection 1, and that the person submitted to
  2 16 chemical testing and the test results indicated an alcohol
  2 17 concentration as defined in section 321J.1 of .02 or more
  2 18 equal to or greater than the level prohibited by section
  2 19 321J.2A but less than .10 the level prohibited by section
  2 20 321J.2, the department shall revoke the person's driver's
  2 21 license or operating privilege for a period of sixty days if
  2 22 the person has had no previous revocation under this chapter,
  2 23 and for a period of ninety days if the person has had a
  2 24 previous revocation under this chapter.  
  2 25                           EXPLANATION 
  2 26    This bill amends Code section 321J.2A to allow for
  2 27 administrative revocation of a driver's license for a person
  2 28 who is under the legal drinking age of twenty-one and who
  2 29 drives while having any measurable amount of alcohol in the
  2 30 person's blood, breath, or urine.  A person under the age of
  2 31 twenty-one who drives while having an alcohol concentration of
  2 32 .10 or more, with any amount of a controlled substance in the
  2 33 person, or otherwise under the influence of drugs, alcohol, or
  2 34 a combination of the two substances continues to be subject to
  2 35 criminal penalties under Code section 321J.2.
  3  1    The bill also adds a subsection regarding the margin of
  3  2 error of the testing device, consistent with the provisions of
  3  3 Code section 321J.2, and amends other sections of Code chapter
  3  4 321J that refer to the .02 level in Code section 321J.2A.  
  3  5 LSB 1219SS 78
  3  6 jj/gg/8

Text: SF00168                           Text: SF00170
Text: SF00100 - SF00199                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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