Iowa Code
Iowa Code § 321.4 (2026)
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✓ current as of July 2026
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The commissioner of public safety is authorized to adopt and promulgate administrative rules governing procedures as may be necessary to carry out the provisions of this chapter; and to carry out any other laws the enforcement of which is vested in the department of public safety. [C24, 27, 31, 35, §5004; C39, §5000.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.4]
\nNotes of Decisions
Cited in 4
cases, 1967–1988 · leading case: State v. Steadman, 350 N.W.2d 172 (Iowa 1984).
State v. Steadman, 350 N.W.2d 172 (Iowa 1984). “15 (§ 321.4 in the 1981 Code). No basis exists in these provisions for creating an affirmative duty in the officer to preserve or offer to preserve a sample of the specimen tested when the defendant does not notify the officer of a desire for an independent test.”
Richard v. Holliday, 153 N.W.2d 473 (Iowa 1967). “) Section 321.4 contains a somewhat similar provision.”
Barker v. Iowa Dep't of Transp., Motor Veh. Dep't, 431 N.W.2d 348 (Iowa 1988). “Because no express authority is given to fix the “established margin of error inherent in the device,” the department points to its general statutory rule-making power in Iowa Code section 321.4. But the rule here goes further than enforcing or carrying out the laws.”
Barker v. Dept. of Transp., Mvd, 431 N.W.2d 348 (Iowa 1988). “Because no express authority is given to fix the "established margin of error inherent in the device," the department points to its general statutory rule-making power in Iowa Code section 321.4. But the rule here goes further than enforcing or carrying out the laws.”
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