2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321J - OPERATING WHILE INTOXICATED
321J.22 - DRINKING DRIVERS COURSE.

        321J.22  DRINKING DRIVERS COURSE.
         1.  As used in this section, unless the context otherwise
      requires:
         a.  "Course for drinking drivers" means an approved course
      designed to inform the offender about drinking and driving and
      encourage the offender to assess the offender's own drinking and
      driving behavior in order to select practical alternatives.
         b.  "Satisfactory completion of a course" means receiving at
      the completion of a course a grade from the course instructor of "C"
      or "2.0" or better.
         2. a.  The course provided according to this section shall be
      offered on a regular basis at each community college as defined in
      section 260C.2, or by substance abuse treatment programs licensed
      under chapter 125, or may be offered at a state correctional facility
      listed in section 904.102.  However, a community college shall not be
      required to offer the course if a substance abuse treatment program
      licensed under chapter 125 offers the course within the merged area
      served by the community college.
         b.  Enrollment in the courses is not limited to persons
      ordered to enroll, attend, and successfully complete the course
      required under sections 321J.2 and 321J.17, subsection 2.  However,
      any person under age eighteen who is required to attend the courses
      for violation of section 321J.2 or 321J.17 must attend a course
      offered by a substance abuse treatment program licensed under chapter
      125.
         c.  The course required by this section shall be:
         (1)  Taught by a community college under the supervision of the
      department of education or by a substance abuse treatment program
      licensed under chapter 125, and may be offered at a state
      correctional facility.
         (2)  Approved by the department of education, in consultation with
      the community colleges, substance abuse treatment programs licensed
      under chapter 125, the department of public health, and the
      department of corrections.
         d.  The department of education shall establish reasonable
      fees to defray the expense of obtaining classroom space, instructor
      salaries, and class materials for courses offered both by community
      colleges and by substance abuse treatment programs licensed under
      chapter 125, or for classes offered at a state correctional facility,
      and for administrative expenses incurred by the department of
      education in implementing subsection 5 on behalf of in-state and
      out-of-state offenders.
         e.  A person shall not be denied enrollment in a course by
      reason of the person's indigency.
         3.  An employer shall not discharge a person from employment
      solely for the reason of work absence to attend a course required by
      this section.  Any employer who violates this section is liable for
      damages which include but are not limited to actual damages, court
      costs, and reasonable attorney fees.  The person may also petition
      the court for imposition of a cease and desist order against the
      person's employer and for reinstatement to the person's previous
      position of employment.
         4.  The department of education, substance abuse treatment
      programs licensed under chapter 125, and state correctional
      facilities shall prepare for their respective courses a list of the
      locations of the courses taught under this section, the dates and
      times taught, the procedure for enrollment, and the schedule of
      course fees.  The list shall be kept current and a copy of the list
      shall be sent to each court having jurisdiction over offenses
      provided in this chapter.
         5.  The department of education, substance abuse treatment
      programs licensed under chapter 125, and state correctional
      facilities shall maintain enrollment, attendance, successful and
      nonsuccessful completion data for their respective courses on the
      persons ordered to enroll, attend, and successfully complete a course
      for drinking drivers.  This data shall be forwarded to the court by
      the department of education, substance abuse treatment programs
      licensed under chapter 125, and the department of corrections.  

         86 Acts, ch 1220, § 22; 90 Acts, ch 1253, § 120; 97 Acts, ch 177,
      §22; 2000 Acts, ch 1138, §5; 2002 Acts, ch 1140, §37; 2002 Acts, 2nd
      Ex, ch 1003, §240, 262; 2003 Acts, ch 180, §60; 2008 Acts, ch 1124,
      §16
         Referred to in § 321J.17, 707.6A