Iowa Code 321J.5 – Preliminary screening test
Current as of: 2023 | Check for updates
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1. When a peace officer has reasonable grounds to believe that either of the following have occurred, the peace officer may request that the operator provide a sample of the operator’s breath for a preliminary screening test using a device approved by the commissioner of public safety for that purpose:
a. A motor vehicle operator may be violating or has violated section 321J.2 or 321J.2A.
b. The operator has been involved in a motor vehicle collision resulting in injury or death.
Terms Used In Iowa Code 321J.5
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Motor vehicle: means a self-propelled vehicle purchased or leased in this state, except as provided in section 322G. See Iowa Code 322G.2
- Operator: means a person who operates or is in actual physical control of an all-terrain vehicle. See Iowa Code 321I.1
- Peace officer: means :a. See Iowa Code 321J.1
- Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 321H.2
- Vehicle: means any vehicle as defined in chapter 321. See Iowa Code 321H.2
2. The results of this preliminary screening test may be used for the purpose of deciding whether an arrest should be made or whether to request a chemical test authorized in this chapter, but shall not be used in any court action except to prove that a chemical test was properly requested of a person pursuant to this chapter.