In the state of Iowa, driving under the influence (DUI) or driving while impaired (DWI) is an offense that is punishable by law. Anyone operating a motor vehicle who has a Blood Alcohol Concentration (BAC) of 0.08% or higher is considered in violation of DUI offense.
Iowa DUI – statute(s) I.C.A. § 321J.2.
Iowa DUI – standard
- “A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions: . . .[w]hile under the influence of . . . or other drug or a combination of such substances.” I.C.A. § 321J.2(1)(a). DUI – applicable substances Any drug.
Iowa DUI – affirmative defense
- DUI provision does not apply in cases where: (1) the substance was prescribed and was taken under the prescription and in accordance with the directions of a medical practitioner; or (2) the substance was dispensed by a pharmacist without a prescription. In these cases, there must be no evidence of alcohol consumption and no direction from either the practitioner or pharmacist to refrain from driving. I.C.A. § 321J.2(11)(a). Per se – statute(s) I.C.A. § 321J.2.
Iowa Per se – standard
- “A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions: . . . [w]hile any amount of a controlled substance is present in the person, as measured in the person’s blood or urine.” I.C.A. § 321J.2(1)(c).
Iowa Per se – applicable substances
- Controlled substances.
Iowa Per se – affirmative defense(s)
- Person charged may assert that the controlled substance “was prescribed or dispensed for the person and was taken in accordance with the directions of a practitioner and the labeling directions of the pharmacy.” I.C.A. § 321J.2(11)(b).
Iowa Implied consent – applicable drivers
- Person who operates a motor vehicle in Iowa. I.C.A. § 321J.6(1).
Iowa Implied consent – tests authorized
- Withdrawal of specimens of the person’s blood, breath, or urine and to a chemical test or tests of the specimens. I.C.A. § 321J.6(1).
Iowa Implied consent – basis for test
- LEO must have “reasonable grounds to believe” that the person was operating a motor vehicle in violation of drugged driving laws and one of the following must be true: (1) driver placed under arrest; or (2) driver involved in motor vehicle accident or collision that resulted in personal injury or death. I.C.A. § 321J.6(1).
- If LEO “has reasonable grounds to believe” that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug, a blood or urine test shall be required even after another type of test has been administered. I.C.A. § 321J.6(3).
- Blood test may be given without person’s consent if driver was involved in accident that causes death (or injury reasonably likely to cause death), if LEO believes blood draw will show intoxication, can be done in a reasonable manner, and the delay necessary to get a warrant will destroy evidence. I.C.A. § 321J.10A(1).
Iowa Implied consent – evidence of refusal
- Proof of refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed in violation of drugged driving laws. I.C.A. § 321J.16.
Iowa Implied consent – administrative / civil penalty for refusal
- First refusal: driver’s license revocation for one year; use of IID if restricted license granted. I.C.A. § 321J.4(1); I.C.A. § 321J.9.
- Second refusal or refusal with a prior convictionà driver’s license revocation for two years; use of IID if restricted license granted. I.C.A. § 321J.4(2); I.C.A. § 321J.9.
- A refusal to submit to a chemical test of blood is not deemed a refusal. In that case, the LEO can choose which of the other two substances to test. I.C.A. § 321J.6(2).
Iowa Implied consent – criminal penalty for refusal
- Conviction – administrative / civil penalty (license suspension, use of IID)
- First conviction: driver’s license revocation for 180 days to one year. I.C.A. § 321J.2(3); I.C.A. § 321J.4(1).
- Second conviction within past 12 yearsà driver’s license revocation for one year; use of IID if restricted license granted. I.C.A. § 321J.2(4); I.C.A. § 321J.4(2).
- Third or subsequent conviction: driver’s license revocation for six years; use of IID required. I.C.A. § 321J.2(5); I.C.A. § 321J.4(4).
- Reinstatement of license requires payment of $200 civil penalty.
