2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321J - OPERATING WHILE INTOXICATED
321J.6 - IMPLIED CONSENT TO TEST.

        321J.6  IMPLIED CONSENT TO TEST.
         1.  A person who operates a motor vehicle in this state under
      circumstances which give reasonable grounds to believe that the
      person has been operating a motor vehicle in violation of section
      321J.2 or 321J.2A is deemed to have given consent to the withdrawal
      of specimens of the person's blood, breath, or urine and to a
      chemical test or tests of the specimens for the purpose of
      determining the alcohol concentration or presence of a controlled
      substance or other drugs, subject to this section.  The withdrawal of
      the body substances and the test or tests shall be administered at
      the written request of a peace officer having reasonable grounds to
      believe that the person was operating a motor vehicle in violation of
      section 321J.2 or 321J.2A, and if any of the following conditions
      exist:
         a.  A peace officer has lawfully placed the person under
      arrest for violation of section 321J.2.
         b.  The person has been involved in a motor vehicle accident
      or collision resulting in personal injury or death.
         c.  The person has refused to take a preliminary breath
      screening test provided by this chapter.
         d.  The preliminary breath screening test was administered and
      it indicated an alcohol concentration equal to or in excess of the
      level prohibited by section 321J.2.
         e.  The preliminary breath screening test was administered to
      a person operating a commercial motor vehicle as defined in section
      321.1 and it indicated an alcohol concentration of 0.04 or more.
         f.  The preliminary breath screening test was administered and
      it indicated an alcohol concentration less than the level prohibited
      by section 321J.2, and 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.
         g.  The preliminary breath screening test was administered and
      it indicated an alcohol concentration of .02 or more but less than
      .08 and the person is under the age of twenty- one.
         2.  The peace officer shall determine which of the three
      substances, breath, blood, or urine, shall be tested.  Refusal to
      submit to a chemical test of urine or breath is deemed a refusal to
      submit, and section 321J.9 applies.  A refusal to submit to a
      chemical test of blood is not deemed a refusal to submit, but in that
      case, the peace officer shall then determine which one of the other
      two substances shall be tested and shall offer the test.  If the
      peace officer fails to offer a test within two hours after the
      preliminary screening test is administered or refused or the arrest
      is made, whichever occurs first, a test is not required, and there
      shall be no revocation under section 321J.9.
         3.  Notwithstanding subsection 2, 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 blood or urine test shall
      be required even after another type of test has been administered.
      Section 321J.9 applies to a refusal to submit to a chemical test of
      urine or blood requested under this subsection.  

         86 Acts, ch 1220, § 6; 90 Acts, ch 1230, § 85; 95 Acts, ch 48,
      §13, 14; 98 Acts, ch 1138, §14--16; 2003 Acts, ch 60, §4
         Referred to in § 321J.2, 321J.7, 321J.9, 321J.10, 321J.12, 907.3