Senate Study Bill 1090 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR An Act relating to the refusal to submit to a chemical test of 1 blood in operating-while-intoxicated cases. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1161XD (1) 86 ns/nh
S.F. _____ H.F. _____ Section 1. Section 321J.6, subsection 2, Code 2015, is 1 amended to read as follows: 2 2. The peace officer shall determine which of the three 3 substances, breath, blood, or urine, shall be tested. Refusal 4 to submit to a chemical test of urine or breath under this 5 section is deemed a refusal to submit, and section 321J.9 6 applies. A refusal to submit to a chemical test of blood is not 7 deemed a refusal to submit, but in that case, the peace officer 8 shall then determine which one of the other two substances 9 shall be tested and shall offer the test. If the peace officer 10 fails to offer a test within two hours after the preliminary 11 screening test is administered or refused or the arrest is 12 made, whichever occurs first, a test is not required, and there 13 shall be no revocation under section 321J.9 . 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the refusal to submit to a chemical test 18 of blood in operating-while-intoxicated (OWI) cases. 19 Current law provides that a person’s refusal to submit to 20 a chemical test of breath or urine in an OWI case constitutes 21 grounds for the department of transportation (DOT) to 22 administratively revoke the person’s driver’s license under 23 Code section 321J.9. The bill expands the grounds sufficient 24 for the DOT to revoke the person’s driver’s license under Code 25 section 321J.9 to include a person’s refusal to submit to a 26 chemical test of blood. 27 -1- LSB 1161XD (1) 86 ns/nh 1/ 1