Section 1. Section 321J.2, subsection 1, paragraph b, Code 2003, is amended to read as follows:

b. While having an alcohol concentration of .10.08 or

more.

Sec. 2. Section 321J.2, subsection 2, paragraph a, subparagraph (3), Code 2003, is amended to read as follows:

(3) Revocation of the person's driver's license pursuant

to section 321J.4, subsection 1, section 321J.9, or section

321J.12, subsection 2, which includes a minimum revocation

period of one hundred eighty days, including a minimum period

of ineligibility for a temporary restricted license of thirty

days, and may involve a revocation period of one year. A

revocation under section 321J.9 includes a minimum period of

ineligibility for a temporary restricted license of ninety

days.

(a) A defendant whose alcohol concentration is .08 or more

but not more than .10 shall not be eligible for any temporary

restricted license for at least thirty days if a test was

obtained and an accident resulting in personal injury or

property damage occurred. The defendant shall be ordered to

install an ignition interlock device of a type approved by the

commissioner of public safety on all vehicles owned by the

defendant if the defendant seeks a temporary restricted

license. There shall be no such period of ineligibility if no

such accident occurred, and the defendant shall not be ordered

to install an ignition interlock device.

(b) A defendant whose alcohol concentration is more than

.10 shall not be eligible for any temporary restricted license

for at least thirty days if a test was obtained, and an

accident resulting in personal injury or property damage

occurred or the defendant's alcohol concentration exceeded

.15. There shall be no such period of ineligibility if no

such accident occurred and the defendant's alcohol

concentration did not exceed .15. In either case, where a

defendant's alcohol concentration is more than .10, the

defendant shall be ordered to install an ignition interlock

device of a type approved by the commissioner of public safety

on all vehicles owned by the defendant if the defendant seeks

a temporary restricted license.

Sec. 3. Section 321J.4, subsections 1 and 3, Code 2003, are amended to read as follows:

1. If a defendant is convicted of a violation of section

321J.2 and the defendant's driver's license or nonresident

operating privilege has not been revoked under section 321J.9

or 321J.12 for the occurrence from which the arrest arose, the

department shall revoke the defendant's driver's license or

nonresident operating privilege for one hundred eighty days if

the defendant has had no previous conviction or revocation

under this chapter. The defendant shall not be eligible for

any temporary restricted license for at least thirty days

after the effective date of the revocation if a test was

obtained and for at least ninety days if a test was refused

under section 321J.9.

a. A defendant whose alcohol concentration is .08 or more

but not more than .10 shall not be eligible for any temporary

restricted license for at least thirty days if a test was

obtained and an accident resulting in personal injury or

property damage occurred. The defendant shall be ordered to

install an ignition interlock device of a type approved by the

commissioner of public safety on all vehicles owned by the

defendant if the defendant seeks a temporary restricted

license. There shall be no such period of ineligibility if no

such accident occurred, and the defendant shall not be ordered

to install an ignition interlock device.

b. A defendant whose alcohol concentration is more than

.10 shall not be eligible for any temporary restricted license

for at least thirty days if a test was obtained, and an

accident resulting in personal injury or property damage

occurred or the defendant's alcohol concentration exceeded

.15. There shall be no such period of ineligibility if no

such accident occurred and the defendant's alcohol

concentration did not exceed .15. In either case, where a

defendant's alcohol concentration is more than .10, the

defendant shall be ordered to install an ignition interlock

device of a type approved by the commissioner of public safety

on all vehicles owned by the defendant if the defendant seeks

a temporary restricted license.

c. If the defendant is under the age of twenty-one, the

defendant shall not be eligible for a temporary restricted

license for at least sixty days after the effective date of

revocation.

3. If the court defers judgment pursuant to section 907.3

for a violation of section 321J.2, and if the defendant's

driver's license or nonresident operating privilege has not

been revoked under section 321J.9 or 321J.12, or has not

otherwise been revoked for the occurrence from which the

arrest arose, the department shall revoke the defendant's

driver's license or nonresident operating privilege for a

period of not less than thirty days nor more than ninety days.

The defendant shall not be eligible for any temporary

restricted license for at least thirty days after the

effective date of the revocation if a test was obtained and

for at least ninety days if a test was refused.

a. A defendant whose alcohol concentration is .08 or more

but not more than .10 shall not be eligible for any temporary

restricted license for at least thirty days if a test was

obtained and an accident resulting in personal injury or

property damage occurred. The defendant shall be ordered to

install an ignition interlock device of a type approved by the

commissioner of public safety on all vehicles owned by the

defendant if the defendant seeks a temporary restricted

license. There shall be no such period of ineligibility if no

such accident occurred, and the defendant shall not be ordered

to install an ignition interlock device.

b. A defendant whose alcohol concentration is more than

.10 shall not be eligible for any temporary restricted license

for at least thirty days if a test was obtained, and an

accident resulting in personal injury or property damage

occurred or the defendant's alcohol concentration exceeded

.15. There shall be no such period of ineligibility if no

such accident occurred and the defendant's alcohol

concentration did not exceed .15. In either case, where a

defendant's alcohol concentration is more than .10, the

defendant shall be ordered to install an ignition interlock

device of a type approved by the commissioner of public safety

on all vehicles owned by the defendant if the defendant seeks

a temporary restricted license.

c. If the defendant is under the age of twenty-one, the

defendant shall not be eligible for a temporary restricted

license for at least sixty days after the effective date of

the revocation.

Sec. 4. Section 321J.6, subsection 1, paragraph g, Code 2003, is amended to read as follows:

g. The preliminary breath screening test was administered

and it indicated an alcohol concentration of .02 or more but

less than .10.08 and the person is under the age of twenty-

one.

Sec. 5. Section 321J.12, subsection 2, Code 2003, is amended to read as follows:

2. a. A person whose driver's license or nonresident

operating privileges have been revoked under subsection 1,

paragraph "a", whose alcohol concentration is .08 or more but

not more than .10 shall not be eligible for any temporary

restricted license for at least thirty days after the

effective date of the revocation if a test was obtained and an

accident resulting in personal injury or property damage

occurred. The defendant shall be ordered to install an

ignition interlock device of a type approved by the

commissioner of public safety on all vehicles owned by the

defendant if the defendant seeks a temporary license. There

shall be no such period of ineligibility if no such accident

occurred, and the defendant shall not be ordered to install an

ignition interlock device.

b. A defendant whose alcohol concentration is more than

.10 shall not be eligible for any temporary restricted license

for at least thirty days if a test was obtained, and an

accident resulting in personal injury or property damage

occurred or the defendant's alcohol concentration exceeded

.15. There shall be no such period of ineligibility if no

such accident occurred and the defendant's alcohol

concentration did not exceed .15. In either case, where a

defendant's alcohol concentration is more than .10, the

defendant shall be ordered to install an ignition interlock

device of a type approved by the commissioner of public safety

on all vehicles owned by the defendant if the defendant seeks

a temporary restricted license.

c. If the person is under the age of twenty-one, the

person shall not be eligible for a temporary restricted

license for at least sixty days after the effective date of

the revocation.

d. A person whose license or privileges have been revoked

under subsection 1, paragraph "b", for one year shall not be

eligible for any temporary restricted license for one year

after the effective date of the revocation, and the person

shall be ordered to install an ignition interlock device of a

type approved by the commissioner of public safety on all

vehicles owned or operated by the defendant if the defendant

seeks a temporary restricted license at the end of the minimum

period of ineligibility. A temporary restricted license shall

not be granted by the department until the defendant installs

the ignition interlock device.

Sec. 6. Section 321J.12, subsection 5, Code 2003, is amended to read as follows:

5. Upon certification, subject to penalty of perjury, by

the peace officer that there existed reasonable grounds to

believe that the person had been operating a motor vehicle in

violation of section 321J.2A, that there existed one or more

of the necessary conditions for chemical testing described in

section 321J.6, subsection 1, and that the person submitted to

chemical testing and the test results indicated an alcohol

concentration as defined in section 321J.1 of .02 or more but

less than .10.08, the department shall revoke the person's

driver's license or operating privilege for a period of sixty

days if the person has had no previous revocation under this

chapter, and for a period of ninety days if the person has had

a previous revocation under this chapter.

Sec. 7. Section 321J.20, subsection 6, Code 2003, is amended to read as follows:

6. Following certain minimum periods of ineligibility, a

temporary restricted license under this section shall not be

issued until such time as the applicant installs an ignition

interlock device of a type approved by the commissioner of

public safety on all motor vehicles owned or operated by the

applicant, in accordance with section 321J.2, 321J.4, 321J.9,

or 321J.12. Installation of an ignition interlock device

under this section shall be required for the period of time

for which the temporary restricted license is issued.

Sec. 8.

IMPLEMENTATION OF ACT.

Section 25B.2, subsection

3, shall not apply to this Act.