1. Upon certification, subject to penalty for perjury, by the peace officer that there existed reasonable grounds to believe that the person had been operating a motor vehicle in violation of section 321J.2, that there existed one or more of the necessary conditions for chemical testing described in section 321J.6, subsection 1, and that the person submitted to chemical testing and the test results indicated the presence of a controlled substance or other drug, or an alcohol concentration equal to or in excess of the level prohibited by section 321J.2, or a combination of alcohol and another drug in violation of section 321J.2, the department shall revoke the person’s driver‘s license or nonresident operating privilege for the following periods of time:

 a. One hundred eighty days if the person has had no revocation under this chapter.
 b. One year if the person has had a previous revocation under this chapter.
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Terms Used In Iowa Code 321J.12

  • Alcohol concentration: means the number of grams of alcohol per any of the following:
     a. See Iowa Code 321J.1
  • Controlled substance: means any drug, substance, or compound that is listed in section 124. See Iowa Code 321J.1
  • Conviction: A judgement of guilt against a criminal defendant.
  • Days: means calendar days. See Iowa Code 322G.2
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the state department of transportation. See Iowa Code 321J.1
  • Driver: means a person who operates a motor vehicle for the transportation of railroad workers in the motor vehicle on behalf of a railroad worker transportation company, whether the person is employed by the company for wages or drives for the company as an independent contractor. See Iowa Code 327F.39
  • 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
  • Nonresident: means a person who is not a resident of this state. 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
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles owned or operated by the defendant if the defendant seeks a temporary restricted license. However, if the defendant has had no previous conviction or revocation under this chapter, the department shall only require the defendant to install an approved ignition interlock device on all vehicles operated by the defendant if the defendant seeks a temporary restricted license. A temporary restricted license shall not be granted by the department until the defendant installs the ignition interlock device.
 3. The effective date of the revocation shall be ten days after the department has mailed notice of revocation to the person by first class mail, notwithstanding chapter 17A. The peace officer who requested or directed the administration of the chemical test may, on behalf of the department, serve immediate notice of revocation on a person whose test results indicated the presence of a controlled substance or other drug, or an alcohol concentration equal to or in excess of the level prohibited by section 321J.2, or a combination of alcohol and another controlled substance or drug in violation of section 321J.2.
 4. If the peace officer serves that immediate notice, the peace officer shall take the person’s Iowa license or permit, if any, and issue a temporary license valid only for ten days. The peace officer shall immediately send the person’s driver’s license to the department along with the officer’s certificate indicating that the test results indicated the presence of a controlled substance or other drug, or an alcohol concentration equal to or in excess of the level prohibited by section 321J.2.
 5. Upon certification, subject to penalty of perjury, by the peace officer that there existed reasonable grounds to believe that the person had been operating a motor vehicle in violation of section 321J.2A, that there existed one or more of the necessary conditions for chemical testing described in section 321J.6, subsection 1, and that the person submitted to chemical testing and the test results indicated an alcohol concentration of .02 or more but less than .08, the department shall revoke the person’s driver’s license or operating privilege for a period of sixty days if the person has had no previous revocation under this chapter, and for a period of ninety days if the person has had a previous revocation under this chapter.
 6. The results of a chemical test may not be used as the basis for a revocation of a person’s driver’s license or nonresident operating privilege if the alcohol or drug concentration indicated by the chemical test minus the established margin of error inherent in the device or method used to conduct the chemical test is not equal to or in excess of the level prohibited by section 321J.2 or 321J.2A.
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