H.F. 382 Section 1. Section 321J.2, subsection 8, Code 2011, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . d. A license revocation that occurs under 3 section 321J.2A shall not be used for purposes of extending the 4 license revocation period pursuant to section 321J.12 for a 5 second or subsequent offense that occurs under this section. 6 Sec. 2. Section 321J.2A, Code 2011, is amended to read as 7 follows: 8 321J.2A Persons under the age of twenty-one —— license 9 revocation . 10 1. a. A person who is under the age of twenty-one shall not 11 operate a motor vehicle while having an alcohol concentration, 12 as defined under section 321J.1 , of .02 or more. The driver’s 13 license or nonresident operating privilege of a person who is 14 under the age of twenty-one and who operates a motor vehicle 15 while having an alcohol concentration of .02 or more shall be 16 revoked by the department for the period of time specified 17 under section 321J.12 . 18 b. A license revocation that occurs under this section shall 19 not be used for purposes of extending the license revocation 20 period pursuant to section 321J.12 for a second or subsequent 21 offense that occurs under section 321J.2. 22 2. A revocation under this section shall not preclude 23 a prosecution or conviction under any applicable criminal 24 provisions of this chapter . However, if the person is 25 convicted of a criminal offense under section 321J.2 , the 26 revocation imposed under this section shall be superseded by 27 any revocation imposed as a result of the conviction. 28 3. In any proceeding regarding a revocation under this 29 section , evidence of the results of analysis of a specimen of 30 the defendant’s blood, breath, or urine is admissible upon 31 proof of a proper foundation. The alcohol concentration 32 established by the results of an analysis of a specimen of the 33 defendant’s blood, breath, or urine withdrawn within two hours 34 after the defendant was driving or in physical control of a 35 -1- LSB 2242HH (3) 84 rh/nh 1/ 4

H.F. 382 motor vehicle is presumed to be the alcohol concentration at 1 the time of driving or being in physical control of the motor 2 vehicle. 3 Sec. 3. Section 321J.4, subsection 1, unnumbered paragraph 4 1, Code 2011, is amended to read as follows: 5 If a defendant is convicted of a violation of section 321J.2 6 and the defendant’s driver’s license or nonresident operating 7 privilege has not been revoked under section 321J.9 or 321J.12 8 for the occurrence from which the arrest arose, the department 9 shall revoke the defendant’s driver’s license or nonresident 10 operating privilege for one hundred eighty days if the 11 defendant submitted to chemical testing and has had no previous 12 conviction or revocation under this chapter , except pursuant 13 to section 321J.2A, and shall revoke the defendant’s driver’s 14 license or nonresident operating privilege for one year if the 15 defendant refused to submit to chemical testing and has had 16 no previous conviction or revocation under this chapter . The 17 defendant shall not be eligible for any temporary restricted 18 license for at least ninety days if a test was refused under 19 section 321J.9 . 20 Sec. 4. Section 321J.4, subsection 2, Code 2011, is amended 21 to read as follows: 22 2. If a defendant is convicted of a violation of section 23 321J.2 , and the defendant’s driver’s license or nonresident 24 operating privilege has not already been revoked under section 25 321J.9 or 321J.12 for the occurrence from which the arrest 26 arose, the department shall revoke the defendant’s driver’s 27 license or nonresident operating privilege for one year if the 28 defendant submitted to chemical testing and has had a previous 29 conviction or revocation under this chapter , except as provided 30 in section 321J.2A, and shall revoke the defendant’s driver’s 31 license or nonresident operating privilege for two years if the 32 defendant refused to submit to chemical testing and has had 33 a previous revocation under this chapter , except as provided 34 in section 321J.2A . The defendant shall not be eligible for 35 -2- LSB 2242HH (3) 84 rh/nh 2/ 4

H.F. 382 any temporary restricted license for forty-five days after the 1 effective date of revocation if the defendant submitted to 2 chemical testing and shall not be eligible for any temporary 3 restricted license for ninety days after the effective date of 4 revocation if the defendant refused chemical testing. The 5 temporary restricted license shall be issued in accordance with 6 section 321J.20, subsection 2 . The department shall require 7 the defendant to install an ignition interlock device of a type 8 approved by the commissioner of public safety on all vehicles 9 owned or operated by the defendant if the defendant seeks a 10 temporary restricted license at the end of the minimum period 11 of ineligibility. A temporary restricted license shall not 12 be granted by the department until the defendant installs the 13 ignition interlock device. 14 Sec. 5. Section 321J.12, subsection 1, paragraphs a and b, 15 Code 2011, are amended to read as follows: 16 a. One hundred eighty days if the person has had no 17 revocation under this chapter , except pursuant to section 18 321J.2A . 19 b. One year if the person has had a previous revocation 20 under this chapter , except as provided in section 321J.2A . 21 Sec. 6. Section 321J.12, subsection 5, Code 2011, is amended 22 to read as follows: 23 5. Upon certification, subject to penalty of perjury, by the 24 peace officer that there existed reasonable grounds to believe 25 that the person had been operating a motor vehicle in violation 26 of section 321J.2A , that there existed one or more of the 27 necessary conditions for chemical testing described in section 28 321J.6, subsection 1 , and that the person submitted to chemical 29 testing and the test results indicated an alcohol concentration 30 of .02 or more but less than .08, the department shall revoke 31 the person’s driver’s license or operating privilege for 32 a period of sixty days if the person has had no previous 33 revocation under this chapter , and for a period of ninety days 34 if the person has had a previous revocation under this chapter , 35 -3- LSB 2242HH (3) 84 rh/nh 3/ 4

H.F. 382 except as provided in section 321J.2A . 1 EXPLANATION 2 Current law (Code section 321J.2A) provides that a person 3 under the age of 21 is subject to an administrative license 4 revocation for operating a motor vehicle with an alcohol 5 concentration of .02 or more (60 days for an initial revocation 6 and 90 days for subsequent violations under Code section 7 321J.12), regardless of whether the person is convicted of a 8 criminal offense of operating-while-intoxicated under Code 9 section 321J.2 (alcohol concentration of .08 or more). The 10 bill specifies that a license revocation that occurs under Code 11 section 321J.2A shall not be used for purposes of extending the 12 license revocation period pursuant to Code section 321J.12 for 13 a second or subsequent offense that occurs under Code section 14 321J.2. 15 The bill makes conforming changes to Code section 321J.4 16 (license revocations for persons convicted of or receiving a 17 deferred judgment under Code section 321J.2) and Code section 18 321J.12 (length of license revocations for test failures). 19 -4- LSB 2242HH (3) 84 rh/nh 4/ 4