Senate File 2103 - Introduced SENATE FILE 2103 BY SCHOENJAHN A BILL FOR An Act relating to Iowa’s operating-while-intoxicated law and 1 license revocations, temporary restricted licenses, and 2 ignition interlock devices. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5315SS (8) 85 rh/nh
S.F. 2103 Section 1. Section 321J.2, subsection 3, paragraph d, Code 1 2014, is amended by striking the paragraph. 2 Sec. 2. Section 321J.2, subsection 4, paragraph c, Code 3 2014, is amended by striking the paragraph. 4 Sec. 3. Section 321J.2, subsection 5, paragraph c, Code 5 2014, is amended by striking the paragraph. 6 Sec. 4. Section 321J.4, Code 2014, is amended by striking 7 the section and inserting in lieu thereof the following: 8 321J.4 Revocation of license —— ignition interlock devices —— 9 conditional temporary restricted license. 10 1. Revocation. If a defendant is convicted of a violation 11 of section 321J.2, the defendant’s driver’s license or 12 nonresident operating privileges shall be revoked as follows: 13 a. First offense. If the defendant has had no previous 14 conviction or revocation under this chapter and the defendant’s 15 driver’s license or nonresident operating privilege has not 16 been revoked under section 321J.9 or 321J.12 for the occurrence 17 from which the arrest arose, the department shall revoke the 18 defendant’s driver’s license or nonresident operating privilege 19 for the following periods of time: 20 (1) Test result. One hundred eighty days if the defendant 21 submitted to chemical testing. 22 (2) Refusal to submit. One year if the defendant refused 23 to submit to chemical testing. 24 b. Second offense. If the defendant has had a previous 25 conviction or revocation under this chapter and the defendant’s 26 driver’s license or nonresident operating privilege has not 27 been revoked under section 321J.9 or 321J.12 for the occurrence 28 from which the arrest arose, the department shall revoke the 29 defendant’s driver’s license or nonresident operating privilege 30 for the following periods of time: 31 (1) Test result. One year if the defendant submitted to 32 chemical testing. 33 (2) Refusal to submit. Two years if the defendant refused 34 to submit to chemical testing. 35 -1- LSB 5315SS (8) 85 rh/nh 1/ 15
S.F. 2103 c. Third or subsequent offense. Upon a plea or verdict 1 of guilty of a third or subsequent violation of section 2 321J.2, the department shall revoke the defendant’s driver’s 3 license or nonresident operating privilege for a period of six 4 years. The defendant shall not be eligible for a temporary 5 restricted license for one year after the effective date of the 6 revocation. 7 d. Offense involving personal injury. Upon a plea or 8 verdict of guilty of a violation of section 321J.2 which 9 involved a personal injury, the court shall determine in open 10 court, from consideration of the information in the file and 11 any other evidence the parties may submit, whether a serious 12 injury was sustained by any person other than the defendant 13 and, if so, whether the defendant’s conduct in violation of 14 section 321J.2 caused the serious injury. If the court so 15 determines, the court shall order the department to revoke the 16 defendant’s driver’s license or nonresident operating privilege 17 for a period of one year in addition to any other period of 18 suspension or revocation. The defendant shall surrender to the 19 court any Iowa license or permit and the court shall forward it 20 to the department with a copy of the order for revocation. 21 e. Offense involving a death. Upon a plea or verdict of 22 guilty of a violation of section 321J.2 which involved a death, 23 the court shall determine in open court, from consideration of 24 the information in the file and any other evidence the parties 25 may submit, whether a death occurred and, if so, whether the 26 defendant’s conduct in violation of section 321J.2 caused the 27 death. If the court so determines, the court shall order 28 the department to revoke the defendant’s driver’s license or 29 nonresident operating privilege for a period of six years. The 30 defendant shall not be eligible for any temporary restricted 31 license for at least two years after the revocation. The 32 defendant shall surrender to the court any Iowa license or 33 permit and the court shall forward it to the department with a 34 copy of the order for revocation. 35 -2- LSB 5315SS (8) 85 rh/nh 2/ 15
S.F. 2103 2. Revocation or denial period. If a license or permit 1 to operate a motor vehicle is revoked or denied under this 2 section or section 321J.9 or 321J.12, the period of revocation 3 or denial shall be the period provided for such a revocation 4 or until the defendant reaches the age of eighteen whichever 5 period is longer. 6 3. Ignition interlock device. 7 a. Upon a conviction for or as a condition of a deferred 8 judgment for a violation of section 321J.2, the court may 9 order the defendant to install ignition interlock devices 10 of a type approved by the commissioner of public safety on 11 all motor vehicles owned or operated by the defendant which, 12 without tampering or the intervention of another person, would 13 prevent the defendant from operating the motor vehicle with an 14 alcohol concentration greater than a level set by rule of the 15 commissioner of public safety. 16 b. The commissioner of public safety shall adopt rules to 17 approve certain ignition interlock devices and the means of 18 installation of the devices, and shall establish the level of 19 alcohol concentration beyond which an ignition interlock device 20 will not allow operation of the motor vehicle in which it is 21 installed. 22 c. The order to install ignition interlock devices shall 23 remain in effect for a period of time as determined by the 24 court which shall not exceed the maximum term of imprisonment 25 which the court could have imposed according to the nature of 26 the violation. While the order is in effect, the defendant 27 shall not operate a motor vehicle which does not have an 28 approved ignition interlock device installed. This may be in 29 addition to any period of time the defendant is required to 30 install and maintain an approved ignition interlock device 31 under section 321J.17 or 321J.20. 32 d. If the defendant’s driver’s license or nonresident 33 operating privilege has been revoked, the department shall not 34 issue a temporary permit or a driver’s license to the person 35 -3- LSB 5315SS (8) 85 rh/nh 3/ 15
S.F. 2103 without certification that approved ignition interlock devices 1 have been installed in all motor vehicles owned or operated by 2 the defendant while the order is in effect. 3 e. A defendant who fails within a reasonable time to comply 4 with an order to install an approved ignition interlock device 5 may be declared in contempt of court and punished accordingly. 6 f. A person who tampers with or circumvents an ignition 7 interlock device installed under a court order while an order 8 is in effect commits a serious misdemeanor. 9 Sec. 5. Section 321J.9, subsection 1, paragraphs a and b, 10 Code 2014, are amended to read as follows: 11 a. First offense. One year if the person has no previous 12 revocation under this chapter ; and . 13 b. Second or subsequent offense. Two years if the person 14 has had a previous revocation under this chapter . 15 Sec. 6. Section 321J.9, subsection 2, Code 2014, is amended 16 by striking the subsection. 17 Sec. 7. Section 321J.12, subsection 1, paragraphs a and b, 18 Code 2014, are amended to read as follows: 19 a. First offense. One hundred eighty days if the person has 20 had no previous revocation under this chapter . 21 b. Second or subsequent offense. One year if the person has 22 had a previous revocation under this chapter . 23 Sec. 8. Section 321J.12, subsection 2, Code 2014, is amended 24 by striking the subsection. 25 Sec. 9. Section 321J.12, subsection 5, Code 2014, is amended 26 to read as follows: 27 5. Upon certification, subject to penalty of perjury, by the 28 peace officer that there existed reasonable grounds to believe 29 that the person had been operating a motor vehicle in violation 30 of section 321J.2A , that there existed one or more of the 31 necessary conditions for chemical testing described in section 32 321J.6, subsection 1 , and that the person submitted to chemical 33 testing and the test results indicated an alcohol concentration 34 of .02 or more but less than .08, the department shall revoke 35 -4- LSB 5315SS (8) 85 rh/nh 4/ 15
S.F. 2103 the person’s driver’s license or operating privilege for a 1 period of sixty the following periods of time: 2 a. First offense. Sixty days if the person has had no 3 previous revocation under this chapter , and for a period of 4 ninety . 5 b. Second or subsequent offense. Ninety days if the person 6 has had a previous revocation under this chapter . 7 Sec. 10. Section 321J.17, subsection 1, Code 2014, is 8 amended to read as follows: 9 1. If the department revokes a person’s driver’s license 10 or nonresident operating privilege under this chapter , the 11 department shall assess the person a civil penalty of two 12 hundred dollars. The money collected by the department under 13 this section shall be transmitted to the treasurer of state 14 who shall deposit one-half of the money in the separate fund 15 established in section 915.94 and one-half of the money in the 16 general fund of the state. A temporary restricted license 17 shall not be issued unless an ignition interlock device has 18 been installed pursuant to section 321J.4 . Except as provided 19 in section 321.210B , a temporary restricted license shall 20 not be issued or a driver’s license or nonresident operating 21 privilege reinstated until the civil penalty has been paid. 22 A person assessed a penalty under this section may remit the 23 civil penalty along with a processing fee of five dollars to a 24 county treasurer authorized to issue driver’s licenses under 25 chapter 321M , or the civil penalty may be paid directly to the 26 department. 27 Sec. 11. Section 321J.17, subsection 3, Code 2014, is 28 amended to read as follows: 29 3. a. The department shall also require certification of 30 installation of an ignition interlock device of a type approved 31 by the commissioner of public safety on all motor vehicles 32 owned or operated by any person seeking reinstatement following 33 a second or subsequent revocation under section 321J.4 , 321J.9 , 34 or 321J.12 . The Unless a longer period of time is required by 35 -5- LSB 5315SS (8) 85 rh/nh 5/ 15
S.F. 2103 statute, the requirement for the installation of an approved 1 ignition interlock device shall be for one year from the date 2 of reinstatement unless a longer time period is required by 3 statute. The one-year period a person is required to maintain 4 an ignition interlock device under this subsection shall be 5 reduced by any period of time the person held a valid temporary 6 restricted license during the revocation for the occurrence 7 from which the arrest arose. The person shall not operate any 8 motor vehicle which is not equipped with an approved ignition 9 interlock device during the period in which an ignition 10 interlock device must be maintained, and the department 11 shall not grant reinstatement unless the person certifies 12 installation of an ignition interlock device as required in 13 this subsection . the following periods of time: 14 (1) First offense. At least six months from the date of 15 reinstatement if the person has had no previous revocation 16 under this chapter. 17 (2) Second or subsequent offense. At least one year from 18 the date of reinstatement if the person has had a previous 19 revocation under this chapter. 20 (3) Offense involving a death. At least one year from the 21 date of reinstatement if the person is seeking reinstatement 22 following a revocation under section 321J.4, subsection 1, 23 paragraph “e” , for an offense involving a death, regardless of 24 whether the person has had a previous revocation under this 25 chapter. 26 b. The period a person is required to maintain an ignition 27 interlock device under this subsection shall be reduced by any 28 period of time the person held a valid temporary restricted 29 license during the revocation for the occurrence from which 30 the arrest arose, subject to any additional time required 31 pursuant to subsection 4. The person shall not operate any 32 motor vehicle which is not equipped with an approved ignition 33 interlock device during the period in which an ignition 34 interlock device must be maintained, and the department 35 -6- LSB 5315SS (8) 85 rh/nh 6/ 15
S.F. 2103 shall not grant reinstatement unless the person certifies 1 installation of an ignition interlock device as required in 2 this subsection. 3 Sec. 12. Section 321J.17, Code 2014, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 4. a. The department shall adopt rules 6 pursuant to chapter 17A requiring a provider of an approved 7 ignition interlock device to submit electronic reports to the 8 department regarding the installation, maintenance, and use 9 of an approved ignition interlock device of a type approved 10 by the commissioner of public safety on all motor vehicles 11 owned or operated by the person seeking reinstatement including 12 instances of tampering, circumvention, or removal of the 13 ignition interlock device. The reports shall include but not 14 be limited to results indicating that the ignition interlock 15 device had detected a level of alcohol concentration beyond 16 which the ignition interlock device will not allow operation of 17 the motor vehicle in which it is installed. 18 b. Notwithstanding the provisions of subsection 3, a person 19 seeking reinstatement following a revocation under section 20 321J.4, 321J.9, or 321J.12 shall install and maintain an 21 approved ignition interlock device of a type approved by the 22 commissioner of public safety on all motor vehicles owned or 23 operated by the person seeking reinstatement until the results 24 reported to the department pursuant to paragraph “a” indicate 25 all of the following: 26 (1) The person has adequately maintained and used any 27 required ignition interlock device. 28 (2) For the three-month period immediately preceding the 29 person’s application to remove the ignition interlock device 30 or to remove any ignition interlock device restriction on the 31 person’s driver’s license, the person has not had an event in 32 which the ignition interlock device detected a level of alcohol 33 concentration beyond which the ignition interlock device would 34 not allow the operation of the motor vehicle in which it is 35 -7- LSB 5315SS (8) 85 rh/nh 7/ 15
S.F. 2103 installed. 1 c. The time periods in subsection 3 shall be extended 2 indefinitely until the person completes at least a three-month 3 period free from events in which a required ignition interlock 4 device detected a level of alcohol concentration beyond which 5 the ignition interlock device would not allow the operation of 6 the motor vehicle in which it is installed. 7 Sec. 13. Section 321J.20, Code 2014, is amended to read as 8 follows: 9 321J.20 Temporary restricted license —— ignition interlock 10 devices. 11 1. a. The department may, on application, issue a temporary 12 restricted license to a person whose noncommercial driver’s 13 license is revoked under this chapter allowing the person to 14 drive to and from the person’s home and specified places at 15 specified times which can be verified by the department and 16 which are required by the person’s full-time or part-time 17 employment, continuing health care or the continuing health 18 care of another who is dependent upon the person, continuing 19 education while enrolled in an educational institution on a 20 part-time or full-time basis and while pursuing a course of 21 study leading to a diploma, degree, or other certification of 22 successful educational completion, substance abuse treatment, 23 court-ordered community service responsibilities, and 24 appointments with the person’s parole or probation officer if 25 the person’s driver’s license has not been revoked previously 26 under section 321J.4 , 321J.9 , or 321J.12 and for any lawful 27 purpose if any of the following apply: 28 (1) The person’s noncommercial driver’s license is revoked 29 under section 321J.4 and the minimum period of ineligibility 30 for issuance of a temporary restricted license has expired. 31 This subsection shall not apply to a revocation ordered under 32 section 321J.4 resulting from a plea or verdict of guilty of a 33 violation of section 321J.2 that involved a death except for a 34 revocation under section 321J.4, subsection 1, paragraph “c” 35 -8- LSB 5315SS (8) 85 rh/nh 8/ 15
S.F. 2103 or “e” . 1 (2) The person’s noncommercial driver’s license is revoked 2 under section 321J.9 and the person has entered a plea of 3 guilty on a charge of a violation of section 321J.2 which 4 arose from the same set of circumstances which resulted in 5 the person’s driver’s license revocation under section 321J.9 6 and the guilty plea is not withdrawn at the time of or after 7 application for the temporary restricted license , and the 8 minimum period of ineligibility for issuance of a temporary 9 restricted license has expired . 10 (3) The person’s noncommercial driver’s license is revoked 11 under section 321J.12 , and the minimum period of ineligibility 12 for issuance of a temporary restricted license has expired . 13 b. A temporary restricted license may be issued under this 14 subsection if the person’s noncommercial driver’s license is 15 revoked for two years under section 321J.4, subsection 2 , or 16 section 321J.9, subsection 1 , paragraph “b” , and the first three 17 hundred sixty-five days of the revocation have expired. 18 c. b. This subsection does not apply to a person whose 19 license was revoked under section 321J.2A or section 321J.4, 20 subsection 4 or 6 , or to a person whose license is suspended or 21 revoked for another reason. 22 d. Following the applicable minimum period of ineligibility, 23 a temporary restricted license under this subsection shall 24 not be issued until the applicant installs an ignition 25 interlock device of a type approved by the commissioner of 26 public safety on all motor vehicles owned or operated by the 27 applicant in accordance with section 321J.2 , 321J.4 , 321J.9 , 28 or 321J.12 . Installation of an ignition interlock device 29 under this subsection shall be required for the period of time 30 for which the temporary restricted license is issued and for 31 such additional period of time following reinstatement as is 32 required under section 321J.17, subsection 3 . 33 2. a. Notwithstanding section 321.560 , the department may, 34 on application, and upon the expiration of the minimum period 35 -9- LSB 5315SS (8) 85 rh/nh 9/ 15
S.F. 2103 of ineligibility for a temporary restricted license provided 1 for under section 321.560 , 321J.4 , 321J.9 , or 321J.12 , issue a 2 temporary restricted license to a person whose noncommercial 3 driver’s license has either been revoked under this chapter , or 4 revoked or suspended under chapter 321 solely for violations 5 of this chapter , or who has been determined to be a habitual 6 offender under chapter 321 based solely on violations of 7 this chapter or on violations listed in section 321.560, 8 subsection 1 , paragraph “b” , and who is not eligible for a 9 temporary restricted license under subsection 1 . However, 10 the department may not issue a temporary restricted license 11 under this subsection for a violation of section 321J.2A or 12 to a person under the age of twenty-one whose license is 13 revoked under section 321J.4 , 321J.9 , or 321J.12 . A temporary 14 restricted license issued under this subsection may allow the 15 person to drive to and from the person’s home and specified 16 places at specified times which can be verified by the 17 department and which are required by the person’s full-time or 18 part-time employment; continuing education while enrolled in an 19 educational institution on a part-time or full-time basis and 20 while pursuing a course of study leading to a diploma, degree, 21 or other certification of successful educational completion; 22 or substance abuse treatment. 23 3. The department shall not issue a temporary restricted 24 license under this section until any applicable minimum 25 period of ineligibility for a temporary restricted license has 26 expired. If the applicant is under the age of twenty-one, the 27 applicant shall not be eligible for a temporary restricted 28 license for at least sixty days after the effective date of 29 revocation or suspension. 30 b. 4. A The department shall not issue a temporary 31 restricted license issued under this subsection shall 32 not be issued section until the applicant installs an 33 approved ignition interlock device of a type approved by the 34 commissioner of public safety on all motor vehicles owned 35 -10- LSB 5315SS (8) 85 rh/nh 10/ 15
S.F. 2103 or operated by the applicant. Installation of an ignition 1 interlock device under this subsection section shall be 2 required for the period of time for which the temporary 3 restricted license is issued, and for such additional period 4 of time following reinstatement as is required under section 5 321J.17, subsection subsections 3 and 4 . However, a person 6 whose driver’s license or nonresident operating privilege has 7 been revoked under section 321J.21 may apply to the department 8 for a temporary restricted license without the requirement of 9 an ignition interlock device if at least twelve years have 10 elapsed since the end of the underlying revocation period for 11 a violation of section 321J.2 . 12 3. 5. If a person required to install an ignition interlock 13 device operates a motor vehicle which does not have an approved 14 ignition interlock device or if the person tampers with or 15 circumvents an ignition interlock device, in addition to other 16 penalties provided, the person’s temporary restricted license 17 shall be revoked. 18 4. 6. A person holding a temporary restricted license 19 issued by the department under this section subsection 2 shall 20 not operate a motor vehicle for pleasure. 21 5. 7. A person holding a temporary restricted license 22 issued by the department under this section shall not operate 23 a commercial motor vehicle on a highway if a commercial 24 driver’s license is required for the person’s operation of the 25 commercial motor vehicle. 26 6. 8. A person holding a temporary license issued by the 27 department under this chapter section shall be prohibited from 28 operating not operate a school bus. 29 7. 9. Notwithstanding any provision of this chapter to 30 the contrary, the department may issue a temporary restricted 31 license to a person otherwise eligible for a temporary 32 restricted license under this section , whose period of 33 revocation under this chapter has expired, but who has not met 34 all requirements for reinstatement of the person’s driver’s 35 -11- LSB 5315SS (8) 85 rh/nh 11/ 15
S.F. 2103 license or nonresident operating privileges. 1 8. 10. A person who tampers with or circumvents an ignition 2 interlock device installed as required in this chapter and 3 while the requirement for the ignition interlock device is in 4 effect commits a serious misdemeanor. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to Iowa’s operating-while-intoxicated 9 (OWI) law and driver’s license revocations, temporary 10 restricted licenses, and ignition interlock devices. 11 DUPLICATIVE LICENSE REVOCATION PROVISIONS. The bill 12 eliminates duplicative provisions relating to court-ordered 13 license revocations for first, second, and third and 14 subsequent violations of Code section 321J.2 (Iowa’s OWI law). 15 The bill maintains provisions relating to administrative 16 license revocations currently imposed by the department of 17 transportation pursuant to Code sections 321J.4 (license 18 revocations based on criminal OWI offenses), 321J.9 (license 19 revocations relating to refusals to submit to chemical 20 testing), and 321J.12 (license revocations based on test 21 failures). 22 INELIGIBILITY PERIODS —— TEMPORARY RESTRICTED LICENSES 23 AND IGNITION INTERLOCK DEVICES. The bill eliminates certain 24 provisions in Code sections 321J.4 (license revocations 25 based on criminal OWI offenses), 321J.9 (test refusals), and 26 321J.12 (license revocations based on test result failures) 27 that currently provide eligibility restrictions for temporary 28 restricted licenses and the installation of ignition interlock 29 devices, dependent upon the number of prior offenses, blood 30 alcohol level, and whether the offense involved an accident 31 causing personal injury or property damage. The ineligibility 32 periods for a temporary restricted license and for installation 33 of an ignition interlock device are maintained for third and 34 subsequent OWI offenses and for offenses involving a death. 35 -12- LSB 5315SS (8) 85 rh/nh 12/ 15
S.F. 2103 The bill makes a change to Code section 321J.4 allowing a 1 court to increase the period of time during which a defendant 2 must maintain an ignition interlock device on all vehicles 3 owned or operated by the defendant in addition to any time an 4 ignition interlock device is required for reinstatement under 5 Code section 321J.17 or for a temporary restricted license 6 under Code section 321J.20. 7 TEMPORARY RESTRICTED LICENSES AND IGNITION INTERLOCK DEVICES 8 —— GENERAL PROVISIONS. The bill strikes certain provisions 9 relating to temporary restricted licenses and the installation 10 of ignition interlock devices currently contained in Code 11 sections 321J.4, 321J.9, and 321J.12 and consolidates these 12 provisions into Code sections 321J.17 and 321J.20. 13 REINSTATEMENT REQUIREMENTS. Currently, Code section 321J.17 14 contains provisions relating to reinstatement of a person’s 15 driver’s license or nonresident operating privileges after 16 revocation for any OWI offense under Code chapter 321J (based 17 on either administrative or criminal action). The person must 18 pay a civil penalty fine, present proof of completion of a 19 course for drinking drivers and a substance abuse evaluation 20 and treatment, and if applicable, present proof of financial 21 responsibility. In addition, following a second or subsequent 22 license revocation, a person applying for reinstatement must 23 install a department-approved ignition interlock device on all 24 vehicles owned or operated by the person for one year, unless a 25 longer period of time is otherwise required. 26 The bill retains the current requirements for reinstatement, 27 but in regard to ignition interlock devices, requires all 28 persons (not just repeat offenders) applying for reinstatement 29 to install an ignition interlock device on all vehicles owned 30 or operated by the person for the following periods of time 31 depending on the nature of the offense: for a first offense 32 (no previous revocations), at least six months from the date 33 of reinstatement; for a second or subsequent offense (previous 34 revocations), at least one year from the date of reinstatement; 35 -13- LSB 5315SS (8) 85 rh/nh 13/ 15
S.F. 2103 and if the offense involved a death, at least one year from the 1 date of reinstatement regardless of whether the person has had 2 a previous revocation. 3 The bill provides that the period of time a person is 4 required to maintain an ignition interlock device shall be 5 reduced by any period of time the person held a valid temporary 6 restricted license during the revocation for the occurrence 7 from which the arrest arose, subject to any additional time 8 required. The person shall not operate any motor vehicle which 9 is not equipped with an approved ignition interlock device 10 during the period in which an ignition interlock device must be 11 maintained, and the department shall not grant reinstatement 12 unless the person certifies installation of an ignition 13 interlock device. 14 The bill requires the department of transportation to adopt 15 rules pursuant to Code chapter 17A requiring a provider of 16 an approved ignition interlock device to submit electronic 17 reports to the department regarding the operation of an 18 approved ignition interlock device on all motor vehicles owned 19 or operated by the person seeking reinstatement including 20 instances of tampering, circumvention, or removal of the 21 ignition interlock device. The reports shall include but not 22 be limited to results indicating that the ignition interlock 23 device had detected a level of alcohol concentration beyond 24 which the ignition interlock device will not allow operation 25 of the motor vehicle in which it is installed. A person 26 seeking reinstatement following a license revocation is 27 required to install and maintain an approved ignition interlock 28 device until the results reported to the department indicate 29 the person has adequately maintained and used any required 30 ignition interlock device and that, for the three-month period 31 immediately preceding the person’s application to remove the 32 ignition interlock device or to remove any ignition interlock 33 device restriction on the person’s driver’s license, the person 34 has not had an event in which the ignition interlock device 35 -14- LSB 5315SS (8) 85 rh/nh 14/ 15
S.F. 2103 detected a level of alcohol concentration beyond which the 1 ignition interlock device would not allow the operation of 2 a motor vehicle in which it is installed. The bill further 3 provides that the time periods for installation of an ignition 4 interlock device shall be extended indefinitely until the 5 person completes at least a three-month period free from events 6 in which a required ignition interlock device detected a level 7 of alcohol concentration beyond which the ignition interlock 8 device would not allow the operation of a motor vehicle in 9 which it is installed. 10 TEMPORARY RESTRICTED LICENSES. The bill amends Code section 11 321J.20 to provide that a person whose noncommercial driver’s 12 license is revoked may receive a temporary restricted license 13 to drive for any lawful purpose. Current law restricts the 14 issuance of a temporary restricted license for specified 15 reasons including employment, medical appointments, and 16 educational purposes. Certain driving restrictions are 17 maintained for persons whose licenses are revoked for third or 18 subsequent OWI convictions, for offenses involving a death, and 19 for habitual offenders. 20 -15- LSB 5315SS (8) 85 rh/nh 15/ 15