S.F. _____ H.F. _____ Section 1. Section 321J.6, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. The peace officer shall determine which of the three 3 substances, whether the person’s blood, breath, blood, or 4 urine , shall be tested. Refusal to submit to a chemical test 5 of urine or breath any of the three specimens is deemed a 6 refusal to submit, and section 321J.9 applies. A refusal to 7 submit to a chemical test of blood is not deemed a refusal 8 to submit, but in that case, the peace officer shall then 9 determine which one of the other two substances shall be tested 10 and shall offer the test. If the peace officer fails to offer 11 a test within two hours after the preliminary screening test is 12 administered or refused or the arrest is made, whichever occurs 13 first, a test is not required, and there shall be no revocation 14 under section 321J.9 . 15 EXPLANATION 16 Iowa’s implied consent law authorizes a peace officer to 17 determine whether a person’s blood, breath, or urine should be 18 tested for the purpose of determining the alcohol concentration 19 or presence of a controlled substance or other drugs if the 20 peace officer has reasonable grounds to believe the person 21 is in violation of Iowa’s operating-while-intoxicated (OWI) 22 laws. Under current law, a refusal to submit to a chemical 23 test of urine or breath, but not blood, is deemed a refusal to 24 submit to testing and the department of transportation uses 25 that evidence of a refusal to revoke the person’s driver’s 26 license (Code section 321J.9). A person who refuses to submit 27 to testing may also be ineligible for a deferred judgment or a 28 suspended sentence in an OWI case. 29 This bill amends current law to provide that a person’s 30 refusal to allow chemical testing of the person’s blood is 31 deemed a refusal to submit to testing. 32 -1- LSB 5308DP (2) 84 rh/nh 1/ 1