Text: SF02026 Text: SF02028 Text: SF02000 - SF02099 Text: SF 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.02.01 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 vehiclewhile having an alcohol concentration1 10of .02 or morein violation of subsection 1 shall be revoked 1 11 by the department for the period of time specified under 1 12 section 321J.12. 1 13 3. A revocation under this section shall not preclude a 1 14 prosecution or conviction under any applicable criminal 1 15 provisions of this chapter. However, if the person is 1 16 convicted of a criminal offense under section 321J.2, the 1 17 revocation imposed under this section shall be superseded by 1 18 any revocation imposed as a result of the conviction. 1 19 4. In any proceeding regarding a revocation under this 1 20 section, evidence of the results of analysis of a specimen of 1 21 the defendant's blood, breath, or urine is admissible upon 1 22 proof of a proper foundation. 1 23 5. The alcohol concentration established by the results of 1 24 an analysis of a specimen of the defendant's blood, breath, or 1 25 urine withdrawn within two hours after the defendant was 1 26 driving or in physical control of a motor vehicle is presumed 1 27 to be the alcohol concentration at the time of driving or 1 28 being in physical control of the motor vehicle. 1 29 6. In any proceedings conducted under this section, the 1 30 results of a chemical test shall not be used to prove a 1 31 violation of this section if the alcohol level indicated by 1 32 the chemical test minus the established margin of error 1 33 inherent in the device or method used to conduct the chemical 1 34 test does not result in an alcohol concentration equal or 1 35 greater than the level prohibited by subsection 1. 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 concentrationof .02 or moreequal 2 5 to or greater than the level prohibited by section 321J.2A but 2 6 less than.10the 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 concentrationas defined in section 321J.1 of .02 or more2 18 equal to or greater than the level prohibited by section 2 19 321J.2A but less than.10the 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 ofsixtyninety 2 22 days if the person has had no previous revocation under this 2 23 chapter, and for a period ofninetyone hundred twenty days if 2 24 the person has had a 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 21 who drives while 2 29 having a blood alcohol concentration in the person's blood, 2 30 breath, or urine above .01. A person under the age of 21 who 2 31 drives while having an alcohol concentration of .10 or more, 2 32 with any amount of a controlled substance in the person, or 2 33 otherwise under the influence of drugs, alcohol, or a 2 34 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 The bill also increases the license revocation period from 3 6 60 to 90 days for a first-time revocation for .01 violation, 3 7 and from 90 to 120 days for a subsequent violation. 3 8 LSB 5312SS 78 3 9 jj/cls/14
Text: SF02026 Text: SF02028 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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