S.F. 2082 Section 1. Section 321J.5, subsection 1, paragraph b, Code 1 2026, is amended to read as follows: 2 b. The operator has been involved in a motor vehicle 3 collision resulting in injury or death . 4 Sec. 2. Section 321J.6, subsection 1, paragraph b, Code 5 2026, is amended to read as follows: 6 b. The person has been involved in a motor vehicle accident 7 or collision resulting in personal injury or death . 8 Sec. 3. Section 321J.6, Code 2026, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 1A. A person who operates a motor vehicle 11 in this state and who was involved in a motor vehicle accident 12 or collision resulting in death is deemed to have given consent 13 to the withdrawal of specimens of the person’s blood, breath, 14 or urine and to a chemical test or tests of the specimens 15 for the purpose of determining the alcohol concentration or 16 presence of a controlled substance or other drugs, subject to 17 this section. 18 Sec. 4. Section 321J.9, subsection 1, unnumbered paragraph 19 1, Code 2026, is amended to read as follows: 20 If a person refuses to submit to the chemical testing, a test 21 shall not be given, but the department, upon the receipt of the 22 peace officer’s certification, subject to penalty for perjury, 23 that the officer had reasonable grounds to believe the person 24 to have been operating a motor vehicle in violation of section 25 321J.2 or 321J.2A , if applicable, that specified conditions 26 existed for chemical testing pursuant to section 321J.6 , and 27 that the person refused to submit to the chemical testing, 28 shall revoke the person’s driver’s license and any nonresident 29 operating privilege for the following periods of time: 30 Sec. 5. Section 321J.12, subsection 1, unnumbered paragraph 31 1, Code 2026, is amended to read as follows: 32 Upon certification, subject to penalty for perjury, by 33 the peace officer that there existed reasonable grounds to 34 believe that the person had been operating a motor vehicle in 35 -1- LSB 5785XS (4) 91 th/ns 1/ 4

S.F. 2082 violation of section 321J.2 , if applicable, that there existed 1 one or more of the necessary conditions for chemical testing 2 described in section 321J.6, subsection 1 or 1A , and that the 3 person submitted to chemical testing and the test results 4 indicated the presence of a controlled substance or other drug, 5 or an alcohol concentration equal to or in excess of the level 6 prohibited by section 321J.2 , or a combination of alcohol and 7 another drug in violation of section 321J.2 , the department 8 shall revoke the person’s driver’s license or nonresident 9 operating privilege for the following periods of time: 10 Sec. 6. Section 321J.12, subsection 5, Code 2026, is amended 11 to read as follows: 12 5. Upon certification, subject to penalty of perjury, by 13 the peace officer that there existed reasonable grounds to 14 believe that the person had been operating a motor vehicle in 15 violation of section 321J.2A , if applicable, that there existed 16 one or more of the necessary conditions for chemical testing 17 described in section 321J.6, subsection 1 or 1A , and that the 18 person submitted to chemical testing and the test results 19 indicated an alcohol concentration of .02 or more but less 20 than .08, the department shall revoke the person’s driver’s 21 license or operating privilege for a period of sixty days if 22 the person has had no previous revocation under this chapter , 23 and for a period of ninety days if the person has had a previous 24 revocation under this chapter . 25 Sec. 7. Section 321J.13, subsection 2, unnumbered paragraph 26 1, Code 2026, is amended to read as follows: 27 The department shall grant the person an opportunity to be 28 heard within forty-five days of receipt of a request for a 29 hearing if the request is made not later than ten days after 30 receipt of notice of revocation served pursuant to section 31 321J.9 or 321J.12 . The hearing shall be before the department 32 in the county where the alleged events occurred, unless the 33 director and the person agree that the hearing may be held in 34 some other county, or the hearing may be held by telephone 35 -2- LSB 5785XS (4) 91 th/ns 2/ 4

S.F. 2082 conference at the discretion of the agency conducting the 1 hearing. The hearing may be recorded and its scope shall be 2 limited to the issues of whether a peace officer had reasonable 3 grounds to believe that the person was operating a motor 4 vehicle in violation of section 321J.2 or 321J.2A , if required, 5 and one or more of the following: 6 Sec. 8. Section 321J.13, subsection 6, paragraph b, 7 subparagraph (1), Code 2026, is amended to read as follows: 8 (1) That the peace officer did not have reasonable grounds 9 to believe that a violation of section 321J.2 or 321J.2A had 10 occurred to support a request for or to administer a chemical 11 test , if required under the circumstances . 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 Under current law, a person who operates a motor vehicle 16 under circumstances which give reasonable grounds to believe 17 that the person was operating the motor vehicle while under 18 the influence of alcohol or a drug is deemed to have given 19 consent to the withdrawal of a specimen of the person’s blood, 20 breath, or urine and to chemical tests of the specimen for the 21 purpose of determining the alcohol concentration or presence 22 of drugs (implied consent). The withdrawal of a specimen and 23 the tests must be administered at the written request of a 24 peace officer having reasonable grounds to believe that the 25 person was operating a motor vehicle in violation of Code 26 section 321J.2 or 321J.2A (operating while intoxicated), and if 27 certain conditions exist, including when the person has been 28 involved in a motor vehicle accident or collision resulting 29 in personal injury or death. A refusal to submit to chemical 30 testing when required under implied consent subjects a person 31 to administrative penalties, including but not limited to a 32 driver’s license revocation for at least one year for a first 33 revocation and two years for a subsequent revocation. 34 This bill implements implied consent to test persons who 35 -3- LSB 5785XS (4) 91 th/ns 3/ 4

S.F. 2082 were operating a motor vehicle and were involved in a motor 1 vehicle accident or collision resulting in death without the 2 requirement that a peace officer have reasonable grounds 3 to believe that the person was operating a motor vehicle 4 in violation of Code section 321J.2 or 321J.2A, and makes 5 conforming changes. Therefore, under the bill, such persons 6 are subject to the existing administrative penalties under law 7 for submitting or refusing to submit to a test when required 8 under implied consent. 9 The bill does not amend the authorizations under current 10 law to test persons involved in a motor vehicle accident or 11 collision resulting in death despite a refusal to submit to 12 a test under implied consent, including Code section 321J.10 13 (tests pursuant to warrants), which requires reasonable grounds 14 to believe the person was operating while intoxicated at 15 the time of the accident, and Code section 321J.10A (blood, 16 breath, or urine specimen withdrawal without a warrant), 17 which requires the person to be under arrest for an offense 18 arising out of acts alleged to have been committed while the 19 person was operating while intoxicated, in addition to other 20 circumstances. 21 -4- LSB 5785XS (4) 91 th/ns 4/ 4