2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321J - OPERATING WHILE INTOXICATED
321J.4 - REVOCATION OF LICENSE -- IGNITION INTERLOCK DEVICES -- CONDITIONAL TEMPORARY RESTRICTED LICENSE.

        321J.4  REVOCATION OF LICENSE -- IGNITION INTERLOCK
      DEVICES -- CONDITIONAL TEMPORARY RESTRICTED LICENSE.
         1.  If a defendant is convicted of a violation of section 321J.2
      and the defendant's driver's license or nonresident operating
      privilege has not been revoked under section 321J.9 or 321J.12 for
      the occurrence from which the arrest arose, the department shall
      revoke the defendant's driver's license or nonresident operating
      privilege for one hundred eighty days if the defendant has had no
      previous conviction or revocation under this chapter.  The defendant
      shall not be eligible for any temporary restricted license for at
      least ninety days if a test was refused under section 321J.9.
         a.  A defendant whose alcohol concentration is .08 or more but
      not more than .10 shall not be eligible for any temporary restricted
      license for at least thirty days if a test was obtained and an
      accident resulting in personal injury or property damage occurred.
      The defendant shall be ordered 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.  There shall be no such period of
      ineligibility if no such accident occurred, and the defendant shall
      not be ordered to install an ignition interlock device.
         b.  A defendant whose alcohol concentration is more than .10
      shall not be eligible for any temporary restricted license for at
      least thirty days if a test was obtained and an accident resulting in
      personal injury or property damage occurred or the defendant's
      alcohol concentration exceeded .15.  There shall be no such period of
      ineligibility if no such accident occurred and the defendant's
      alcohol concentration did not exceed .15.  In either case, where a
      defendant's alcohol concentration is more than .10, the defendant
      shall be ordered 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.
         c.  If the defendant is under the age of twenty-one, the
      defendant shall not be eligible for a temporary restricted license
      for at least sixty days after the effective date of revocation.
         2.  If a defendant is convicted of a violation of section 321J.2,
      and the defendant's driver's license or nonresident operating
      privilege has not already been revoked under section 321J.9 or
      321J.12 for the occurrence from which the arrest arose, the
      department shall revoke the defendant's driver's license or
      nonresident operating privilege for two years if the defendant has
      had a previous conviction or revocation under this chapter.  The
      defendant shall not be eligible for any temporary restricted license
      for forty-five days after the effective date of revocation.  The
      defendant shall be ordered to install an ignition interlock device of
      a type approved by the commissioner of public safety on all vehicles
      owned by the defendant if the defendant seeks a temporary restricted
      license at the end of the minimum period of ineligibility.  A
      temporary restricted license shall not be granted by the department
      until the defendant installs the ignition interlock device.
         3.  If the court defers judgment pursuant to section 907.3 for a
      violation of section 321J.2, and if the defendant's driver's license
      or nonresident operating privilege has not been revoked under section
      321J.9 or 321J.12, or has not otherwise been revoked for the
      occurrence from which the arrest arose, the department shall revoke
      the defendant's driver's license or nonresident operating privilege
      for a period of not less than thirty days nor more than ninety days.
      The defendant shall not be eligible for any temporary restricted
      license for at least ninety days if a test was refused.
         a.  A defendant whose alcohol concentration is .08 or more but
      not more than .10 shall not be eligible for any temporary restricted
      license for at least thirty days if a test was obtained and an
      accident resulting in personal injury or property damage occurred.
      The defendant shall be ordered 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.  There shall be no such period of
      ineligibility if no such accident occurred, and the defendant shall
      not be ordered to install an ignition interlock device.
         b.  A defendant whose alcohol concentration is more than .10
      shall not be eligible for any temporary restricted license for at
      least thirty days if a test was obtained and an accident resulting in
      personal injury or property damage occurred or the defendant's
      alcohol concentration exceeded .15.  There shall be no such period of
      ineligibility if no such accident occurred and the defendant's
      alcohol concentration did not exceed .15.  In either case, where a
      defendant's alcohol concentration is more than .10, the defendant
      shall be ordered 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.
         c.  If the defendant is under the age of twenty-one, the
      defendant shall not be eligible for a temporary restricted license
      for at least sixty days after the effective date of the revocation.
         4.  Upon a plea or verdict of guilty of a third or subsequent
      violation of section 321J.2, the court shall order the department to
      revoke the defendant's driver's license or nonresident operating
      privilege for a period of six years.  The defendant shall not be
      eligible for a temporary restricted license for at least one year
      after the effective date of the revocation.  The court shall require
      the defendant to surrender to it all Iowa licenses or permits held by
      the defendant, which the court shall forward to the department with a
      copy of the order for revocation.  The defendant shall be ordered to
      install an ignition interlock device of a type approved by the
      commissioner of public safety on all vehicles owned by the defendant
      if the defendant seeks a temporary restricted license at the end of
      the minimum period of ineligibility.  A temporary restricted license
      shall not be granted by the department until the defendant installs
      the ignition interlock device.
         5.  Upon a plea or verdict of guilty of a violation of section
      321J.2 which involved a personal injury, the court shall determine in
      open court, from consideration of the information in the file and any
      other evidence the parties may submit, whether a serious injury was
      sustained by any person other than the defendant and, if so, whether
      the defendant's conduct in violation of section 321J.2 caused the
      serious injury.  If the court so determines, the court shall order
      the department to revoke the defendant's driver's license or
      nonresident operating privilege for a period of one year in addition
      to any other period of suspension or revocation.  The defendant shall
      not be eligible for any temporary restricted license until the
      minimum period of ineligibility has expired under this section or
      section 321J.9, 321J.12, or 321J.20.  The defendant shall surrender
      to the court any Iowa license or permit and the court shall forward
      it to the department with a copy of the order for revocation.
         6.  Upon a plea or verdict of guilty of a violation of section
      321J.2 which involved a death, the court shall determine in open
      court, from consideration of the information in the file and any
      other evidence the parties may submit, whether a death occurred and,
      if so, whether the defendant's conduct in violation of section 321J.2
      caused the death.  If the court so determines, the court shall order
      the department to revoke the defendant's driver's license or
      nonresident operating privilege for a period of six years.  The
      defendant shall not be eligible for any temporary restricted license
      for at least two years after the revocation.  The defendant shall
      surrender to the court any Iowa license or permit and the court shall
      forward it to the department with a copy of the order for revocation.

         7.  If a license or permit to operate a motor vehicle is revoked
      or denied under this section or section 321J.9 or 321J.12, the period
      of revocation or denial shall be the period provided for such a
      revocation or until the defendant reaches the age of eighteen
      whichever period is longer.
         8. a.  On a conviction for or as a condition of a deferred
      judgment for a violation of section 321J.2, the court may order the
      defendant to install ignition interlock devices of a type approved by
      the commissioner of public safety on all motor vehicles owned or
      operated by the defendant which, without tampering or the
      intervention of another person, would prevent the defendant from
      operating the motor vehicle with an alcohol concentration greater
      than a level set by rule of the commissioner of public safety.
         b.  The commissioner of public safety shall adopt rules to
      approve certain ignition interlock devices and the means of
      installation of the devices, and shall establish the level of alcohol
      concentration beyond which an ignition interlock device will not
      allow operation of the motor vehicle in which it is installed.
         c.  The order to install ignition interlock devices shall
      remain in effect for a period of time as determined by the court
      which shall not exceed the maximum term of imprisonment which the
      court could have imposed according to the nature of the violation.
      While the order is in effect, the defendant shall not operate a motor
      vehicle which does not have an approved ignition interlock device
      installed.
         d.  If the defendant's driver's license or nonresident
      operating privilege has been revoked, the department shall not issue
      a temporary permit or a driver's license to the person without
      certification that approved ignition interlock devices have been
      installed in all motor vehicles owned or operated by the defendant
      while the order is in effect.
         e.  A defendant who fails within a reasonable time to comply
      with an order to install an approved ignition interlock device may be
      declared in contempt of court and punished accordingly.
         f.  A person who tampers with or circumvents an ignition
      interlock device installed under a court order while an order is in
      effect commits a serious misdemeanor.
         9. a.  A person whose noncommercial driver's license has
      either been revoked under this chapter, or revoked or suspended under
      chapter 321 solely for violations of this chapter, or who has been
      determined to be a habitual offender under chapter 321 based solely
      on violations of this chapter or on violations listed in section
      321.560, subsection 1, paragraph "b", and who is not eligible for
      a temporary restricted license under this chapter may petition the
      court upon the expiration of the minimum period of ineligibility for
      a temporary restricted license provided for under this section,
      section 321J.9, 321J.12, 321J.20, or 321.560, for an order to the
      department to require the department to issue a temporary restricted
      license to the person notwithstanding section 321.560.
         b.  The petition shall include a current certified copy of the
      petitioner's official driving record issued by the department.
         c.  Upon the filing of a petition for a temporary restricted
      license under this section, the clerk of the district court in the
      county where the violation that resulted in the revocation occurred
      shall send notice of the petition to the department and the
      prosecuting attorney.  The department and the prosecuting attorney
      shall each be given an opportunity to respond to and request a
      hearing on the petition.
         d.  The court shall determine if the temporary restricted
      license is necessary for the person to maintain the person's present
      employment.  However, a temporary restricted license shall not be
      ordered or issued for a violation of section 321J.2A or to a person
      under the age of twenty-one whose license is revoked under this
      section or section 321J.9 or 321J.12.  If the court determines that
      the temporary restricted license is necessary for the person to
      maintain the person's present employment, and that the minimum period
      of ineligibility for receipt of a temporary license has expired, the
      court shall order the department to issue to the person a temporary
      restricted license conditioned upon the person's certification to the
      court of the installation of approved ignition interlock devices in
      all motor vehicles that it is necessary for the person to operate to
      maintain the person's present employment.  A person whose driver's
      license or nonresident operating privilege has been revoked under
      section 321J.21 may apply to the department for a temporary
      restricted license without the requirement of an ignition interlock
      device if at least twelve years have elapsed since the end of the
      underlying revocation period for a violation of section 321J.2.
         e.  Section 321.561 does not apply to a person operating a
      motor vehicle in the manner permitted under this subsection.
         f.  If the person operates a motor vehicle which does not have
      an approved ignition interlock device or if the person tampers with
      or circumvents an ignition interlock device, in addition to other
      penalties provided, the person's temporary restricted license shall
      be revoked.
         g.  A person holding a temporary restricted license issued
      under this subsection shall not operate a commercial motor vehicle,
      as defined in section 321.1, on a highway if a commercial driver's
      license is required for the person to operate the commercial motor
      vehicle.
         h.  Notwithstanding any provision of this chapter to the
      contrary, the court may order the department to issue a temporary
      restricted license to a person otherwise eligible for a temporary
      restricted license under this subsection, whose period of revocation
      under this chapter has expired, but who has not met all requirements
      for reinstatement of the person's noncommercial driver's license or
      nonresident operating privileges.  

         86 Acts, ch 1220, § 4; 88 Acts, ch 1168, § 1; 90 Acts, ch 1230, §
      84; 92 Acts, ch 1212, §29; 95 Acts, ch 48, §8--10; 95 Acts, ch 55,
      §12; 96 Acts, ch 1090, § 9--11; 96 Acts, ch 1152, § 22; 97 Acts, ch
      177, §8--11; 98 Acts, ch 1073, §9, 12; 98 Acts, ch 1138, §4, 36, 37;
      2000 Acts, ch 1133, §15; 2000 Acts, ch 1138, §3; 2003 Acts, ch 60,
      §3; 2003 Acts, ch 179, §121, 122; 2007 Acts, ch 143, §21; 2009 Acts,
      ch 130, §13
         Referred to in § 321.213, 321.560, 321J.2, 321J.17, 321J.20
         For provisions relating to third offense OWI driver's license
      revocations and restoration of driving privileges, see 99 Acts, ch
      153, §25