Iowa Code 321J.8 – Statement of officer
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1. A person who has been requested to submit to a chemical test shall be advised by a peace officer of the following:
a. If the person refuses to submit to the test, the person’s driver‘s license or nonresident operating privilege will be revoked by the department as required by and for the applicable period specified under section 321J.9.
b. If the person submits to the test and the results indicate 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 321J.2A, the person’s driver’s license or nonresident operating privilege will be revoked by the department as required by and for the applicable period specified under section 321J.12.
c. (1) If the person is operating a commercial motor vehicle as defined in section 321.1 and either refuses to submit to the test or submits to the test and the results indicate an alcohol concentration of 0.04 or more, the person is disqualified from operating a commercial motor vehicle for the applicable period under section 321.208 in addition to any revocation of the person’s driver’s license or nonresident operating privilege which may be applicable under this chapter.
(2) If the person is operating a noncommercial motor vehicle and holding a commercial driver’s license or commercial learner’s permit as defined in section 321.1 and either refuses to submit to the test or submits to the test and the results indicate 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, the person is disqualified from operating a commercial motor vehicle for the applicable period under section 321.208 in addition to any revocation of the person’s driver’s license or nonresident operating privilege which may be applicable under this chapter.
Terms Used In Iowa Code 321J.8
- 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
- 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
2. This section does not apply in any case involving a person described in section 321J.7.