Senate File 37
SENATE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO SSB 1001)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for a .08 blood alcohol concentration limit for
2 motor vehicle operating while intoxicated offenses.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1360SV 80
5 rh/sh/8
PAG LIN
1 1 Section 1. Section 321J.2, subsection 1, paragraph b, Code
1 2 2003, is amended to read as follows:
1 3 b. While having an alcohol concentration of .10 .08 or
1 4 more.
1 5 Sec. 2. Section 321J.6, subsection 1, paragraph g, Code
1 6 2003, is amended to read as follows:
1 7 g. The preliminary breath screening test was administered
1 8 and it indicated an alcohol concentration of .02 or more but
1 9 less than .10 .08 and the person is under the age of twenty=
1 10 one.
1 11 Sec. 3. Sect 321J.12, subsection 5, Code 2003, is amended
1 12 to read as follows:
1 13 5. Upon certification, subject to penalty of perjury, by
1 14 the peace officer that there existed reasonable grounds to
1 15 believe that the person had been operating a motor vehicle in
1 16 violation of section 321J.2A, that there existed one or more
1 17 of the necessary conditions for chemical testing described in
1 18 section 321J.6, subsection 1, and that the person submitted to
1 19 chemical testing and the test results indicated an alcohol
1 20 concentration as defined in section 321J.1 of .02 or more but
1 21 less than .10 .08, the department shall revoke the person's
1 22 driver's license or operating privilege for a period of sixty
1 23 days if the person has had no previous revocation under this
1 24 chapter, and for a period of ninety days if the person has had
1 25 a previous revocation under this chapter.
1 26 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection
1 27 3, shall not apply to this Act.
1 28 EXPLANATION
1 29 This bill lowers the limit for blood alcohol concentration
1 30 (BAC) while driving a motor vehicle from .10 BAC to .08 BAC.
1 31 Under the bill, a person who drives with .08 BAC or higher
1 32 would violate Code section 321J.2, the operating while
1 33 intoxicated statute.
1 34 The bill may include a state mandate as defined in Code
1 35 section 25B.3. The bill makes inapplicable Code section
2 1 25B.2, subsection 3, which would relieve a political
2 2 subdivision from complying with a state mandate if funding for
2 3 the cost of the state mandate is not provided or specified.
2 4 Therefore, political subdivisions are required to comply with
2 5 any state mandate included in the bill.
2 6 LSB 1360SV 80
2 7 rh/sh/8