2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321J - OPERATING WHILE INTOXICATED
321J.10A - BLOOD, BREATH, OR URINE SPECIMEN WITHDRAWAL WITHOUT A WARRANT.

        321J.10A  BLOOD, BREATH, OR URINE SPECIMEN WITHDRAWAL
      WITHOUT A WARRANT.
         1.  Notwithstanding section 321J.10, if a person is under arrest
      for an offense arising out of acts alleged to have been committed
      while the person was operating a motor vehicle in violation of
      section 321J.2 or 321J.2A, and that arrest results from an accident
      that causes a death or personal injury reasonably likely to cause
      death, a chemical test of blood may be administered without the
      consent of the person arrested to determine the amount of alcohol or
      a controlled substance in that person's blood if all of the following
      circumstances exist:
         a.  The peace officer reasonably believes the blood drawn will
      produce evidence of intoxication.
         b.  The method used to take the blood sample is reasonable and
      performed in a reasonable manner by medical personnel under section
      321J.11.
         c.  The peace officer reasonably believes the officer is
      confronted with an emergency situation in which the delay necessary
      to obtain a warrant under section 321J.10 threatens the destruction
      of the evidence.
         2.  If the person from whom a specimen of blood is to be withdrawn
      objects to the withdrawal, a breath or urine sample may be taken
      under the following circumstances:
         a.  If the person is capable of giving a specimen of breath,
      and a direct breath testing instrument is readily available, the
      withdrawal of a specimen of the person's breath may be taken for
      chemical testing, unless the peace officer 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.
         b.  If the peace officer 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 urine sample shall be collected in lieu of a blood sample, if
      the person is capable of giving a urine sample and the sample can be
      collected.  
         Section History: Recent Form
         2004 Acts, ch 1098, §1

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