House Journal: Page 258: Thursday, February 6, 2003
8 restricted license for at least sixty days after the
9 effective date of revocation.
10 3. If the court defers judgment pursuant to
11 section 907.3 for a violation of section 321J.2, and
12 if the defendant's driver's license or nonresident
13 operating privilege has not been revoked under section
14 321J.9 or 321J.12, or has not otherwise been revoked
15 for the occurrence from which the arrest arose, the
16 department shall revoke the defendant's driver's
17 license or nonresident operating privilege for a
18 period of not less than thirty days nor more than
19 ninety days. The defendant shall not be eligible for
20 any temporary restricted license for at least thirty
21 days after the effective date of the revocation if a
22 test was obtained and for at least ninety days if a
23 test was refused. The defendant shall not be eligible
24 for any temporary restricted license for a least
25 thirty days if a test was obtained, and an accident
26 resulting in personal injury or property damage
27 occurred or the defendant's alcohol concentration
28 exceeded .15. There shall be no such period of
29 ineligibility if no such accident occurred and the
30 defendant's alcohol concentration did not exceed .15.
31 The defendant shall be ordered to install an ignition
32 interlock device of a type approved by the
33 commissioner of public safety on all vehicles owned by
34 the defendant if the defendant seeks a temporary
35 restricted license. If the defendant is under the age
36 of twenty-one, the defendant shall not be eligible for
37 a temporary restricted license for at least sixty days
38 after the effective date of the revocation."
39 2. Page 1, by inserting after line 10 the
40 following:
41 "Sec. . Section 321J.12, subsection 2, Code
42 2003, is amended to read as follows:
43 2. a. A person whose driver's license or
44 nonresident operating privileges have been revoked
45 under subsection 1, paragraph "a", shall not be
46 eligible for any temporary restricted license for at
47 least thirty days after the effective date of the
48 revocation if an accident resulting in personal injury
49 or property damage occurred or the defendant's alcohol
50 concentration exceeded .15. There shall be no such
Page 3
1 period of ineligibility if no such accident occurred
2 and the defendant's alcohol concentration did not
3 exceed .15. If the person is under the age of twenty-
4 one, the person shall not be eligible for a temporary
5 restricted license for at least sixty days after the
6 effective date of the revocation. A person whose
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