House Journal: Page 257: Thursday, February 6, 2003
9 321J.9, or section 321J.12, subsection 2, which
10 includes a minimum revocation period of one hundred
11 eighty days, including a minimum period of
12 ineligibility for a temporary restricted license of
13 thirty days, and may involve a revocation period of
14 one year. The defendant shall not be eligible for any
15 temporary restricted license for at least thirty days
16 if a test was obtained, and an accident resulting in
17 personal injury or property damage occurred or the
18 defendant's alcohol concentration exceeded .15. There
19 shall be no such period of ineligibility if no such
20 accident occurred and the defendant's alcohol
21 concentration did not exceed .15. A revocation under
22 section 321J.9 includes a minimum period of
23 ineligibility for a temporary restricted license of
24 ninety days. The defendant shall be ordered to
25 install an ignition interlock device of a type
26 approved by the commissioner of public safety on all
27 vehicles owned by the defendant if the defendant seeks
28 a temporary license.
29 Sec. . Section 321J.4, subsections 1 and 3,
30 Code 2003, are amended to read as follows:
31 1. If a defendant is convicted of a violation of
32 section 321J.2 and the defendant's driver's license or
33 nonresident operating privilege has not been revoked
34 under section 321J.9 or 321J.12 for the occurrence
35 from which the arrest arose, the department shall
36 revoke the defendant's driver's license or nonresident
37 operating privilege for one hundred eighty days if the
38 defendant has had no previous conviction or revocation
39 under this chapter. The defendant shall not be
40 eligible for any temporary restricted license for at
41 least thirty days after the effective date of the
42 revocation if a test was obtained and for at least
43 ninety days if a test was refused under section
44 321J.9. The defendant shall be not eligible for any
45 temporary restricted license for at least thirty days
46 if a test was obtained, and an accident resulting in
47 personal injury or property damage occurred or the
48 defendant's alcohol concentration exceeded .15. There
49 shall be no such period of ineligibility if no such
50 accident occurred and the defendant's alcohol
Page 2
1 concentration did not exceed .15. The defendant shall
2 be ordered to install an ignition interlock device of
3 a type approved by the commissioner of public safety
4 on all vehicles owned by the defendant if the
5 defendant seeks a temporary restricted license. If
6 the defendant is under the age of twenty-one, the
7 defendant shall not be eligible for a temporary
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