House File 2518 - Introduced



                                       HOUSE FILE       
                                       BY  R. OLSON


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to a peace officer's statements to a person
  2    operating a noncommercial motor vehicle and holding a
  3    commercial driver's license who has been requested to submit
  4    to a chemical test in an operating=while=intoxicated case.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 6369HH 81
  7 rh/sh/8

PAG LIN



  1  1    Section 1.  Section 321J.8, subsection 3, Code 2005, is
  1  2 amended to read as follows:
  1  3    3.  a.  If the person is operating a commercial motor
  1  4 vehicle as defined in section 321.1 and either refuses to
  1  5 submit to the test or submits to the test and the results
  1  6 indicate an alcohol concentration of 0.04 or more, the person
  1  7 is disqualified from operating a commercial motor vehicle for
  1  8 the applicable period under section 321.208 in addition to any
  1  9 revocation of the person's driver's license or nonresident
  1 10 operating privilege which may be applicable under this
  1 11 chapter.
  1 12    b.  If the person is operating a noncommercial motor
  1 13 vehicle and holding a commercial driver's license as defined
  1 14 in section 321.1 and either refuses to submit to the test or
  1 15 operates a motor vehicle while under the influence of an
  1 16 alcoholic beverage or other drug or controlled substance or a
  1 17 combination of such substances, the person is disqualified
  1 18 from operating a commercial motor vehicle for the applicable
  1 19 period under section 321.208 in addition to any revocation of
  1 20 the person's driver's license or nonresident operating
  1 21 privilege which may be applicable under this chapter.
  1 22    This section does not apply in any case involving a person
  1 23 described in section 321J.7.
  1 24                           EXPLANATION
  1 25    This bill relates to a peace officer's statements to a
  1 26 person operating a noncommercial motor vehicle and holding a
  1 27 commercial driver's license who has been requested to submit
  1 28 to a chemical test in an operating=while=intoxicated case.
  1 29 The bill provides that in such a case, a person who either
  1 30 refuses to submit to the test or operates a motor vehicle
  1 31 while under the influence of an alcoholic beverage or other
  1 32 drug or controlled substance or a combination of such
  1 33 substances, is disqualified from operating a commercial motor
  1 34 vehicle for a one=year period in addition to any revocation of
  1 35 the person's driver's license or nonresident operating
  2  1 privilege which may be applicable under Code chapter 321J.
  2  2 LSB 6369HH 81
  2  3 rh:nh/sh/8