2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321J - OPERATING WHILE INTOXICATED
321J.17 - CIVIL PENALTY -- DISPOSITION -- CONDITIONS FOR LICENSE REINSTATEMENT.

        321J.17  CIVIL PENALTY -- DISPOSITION -- CONDITIONS
      FOR LICENSE REINSTATEMENT.
         1.  If the department revokes a person's driver's license or
      nonresident operating privilege under this chapter, the department
      shall assess the person a civil penalty of two hundred dollars.  The
      money collected by the department under this section shall be
      transmitted to the treasurer of state who shall deposit one-half of
      the money in the separate fund established in section 915.94 and
      one-half of the money in the general fund of the state.  A temporary
      restricted license shall not be issued unless an ignition interlock
      device has been installed pursuant to section 321J.4.  A driver's
      license or nonresident operating privilege shall not be reinstated
      unless proof of deinstallation of an ignition interlock device
      installed pursuant to section 321J.4 has been submitted to the
      department.  Except as provided in section 321.210B, a temporary
      restricted license shall not be issued or a driver's license or
      nonresident operating privilege reinstated until the civil penalty
      has been paid.  A person assessed a penalty under this section may
      remit the civil penalty along with a processing fee of five dollars
      to a county treasurer authorized to issue driver's licenses under
      chapter 321M, or the civil penalty may be paid directly to the
      department.
         2. a.  If the department or a court orders the revocation of a
      person's driver's license or nonresident operating privilege under
      this chapter, the department or court shall also order the person, at
      the person's own expense, to do the following:
         (1)  Enroll, attend, and satisfactorily complete a course for
      drinking drivers, as provided in section 321J.22.
         (2)  Submit to evaluation and treatment or rehabilitation
      services.
         b.  The court or department may request that the community
      college or substance abuse treatment providers licensed under chapter
      125 conducting the course for drinking drivers that the person is
      ordered to attend immediately report to the court or department that
      the person has successfully completed the course for drinking
      drivers.  The court or department may request that the treatment
      program which the person attends periodically report on the
      defendant's attendance and participation in the program, as well as
      the status of treatment or rehabilitation.
         c.  A driver's license or nonresident operating privilege
      shall not be reinstated until proof of completion of the requirements
      of this subsection is presented to the department.
         3.  The department shall also require certification of
      installation of an ignition interlock device of a type approved by
      the commissioner of public safety on all motor vehicles owned or
      operated by any person seeking reinstatement following a second or
      subsequent conviction for a violation of section 321J.2, unless such
      a person has previously received a temporary restricted license as
      authorized by this chapter.  The requirement for the installation of
      an approved ignition interlock device shall be for one year unless a
      different time period is required by statute.  
         Section History: Recent Form
         86 Acts, ch 1220, § 17; 87 Acts, ch 232, § 24; 87 Acts, ch 234, §
      113; 89 Acts, ch 317, § 37; 91 Acts, ch 258, §50; 93 Acts, ch 110, §
      1; 95 Acts, ch 143, §6; 97 Acts, ch 177, §17; 98 Acts, ch 1073, §9;
      98 Acts, ch 1075, §25; 98 Acts, ch 1090, §67, 84; 2000 Acts, ch 1118,
      §2; 2002 Acts, ch 1119, §155; 2008 Acts, ch 1018, §25, 31
         Referred to in § 321.210B, 321J.3, 321J.22, 321M.9, 331.557A

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