Iowa Code
Iowa Code § 321B.7 (2026)
Presumption
✓ current as of July 2026
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It may be presumed that a motor vehicle glass repair shop is acting knowingly in violation of section 321B.5 if the shop engages in a regular and consistent pattern of a prohibited activity. 2025 Acts, ch 58, §7, 10 Section applies to insurance policies issued or renewed on or after July 1, 2025; 2025 Acts, ch 58, §10 NEW section
\nNotes of Decisions
Cited in 27
cases (2 in the last 5 years), 1966–2024 · leading case: McCrea v. Iowa Dep't of Transp., 336 N.W.2d 427 (Iowa 1983).
McCrea v. Iowa Dep't of Transp., 336 N.W.2d 427 (Iowa 1983). “The officer considered this a refusal to submit to the chemical test and invoked the implied consent procedure under section 321B.7. Section 321B.7 provides in part as follows: If a person under arrest refuses to submit to the chemical testing, no test shall be given, but the…”
Krueger v. Fulton, 169 N.W.2d 875 (Iowa 1969). “If such person requests that a specimen of his blood not be withdrawn, then a specimen of his breath, saliva, or urine shall be withdrawn at the written request of such peace officer; provided, however, that if such person refuses to submit to any chemical testing, no test shall…”
State v. Hitchens, 294 N.W.2d 686 (Iowa 1980). “§ 321B.7. This court has carefully defined the procedure to be followed in applying chapter 321B.”
Rodriguez v. Fulton, 190 N.W.2d 417 (Iowa 1971). “If such person requests that a specimen of his blood not be withdrawn, then a specimen of his breath, saliva, or urine shall be withdrawn at the written request of such peace officer; provided, however, that if such person refused to submit to any chemical testing, no test shall…”
State v. Charlson, 154 N.W.2d 829 (Iowa 1967). “If such person requests that a specimen of his blood not be withdrawn, then a specimen of his breath, saliva, or urine shall be withdrawn at the written request of such peace officer; provided, however, that if such person refuses to submit to any chemical testing, no test shall…”
Swenumson v. Iowa Dep't of Pub. Saf., 210 N.W.2d 660 (Iowa 1973). “The sole issue is whether plaintiff refused to take the test within the meaning of § 321B.7, The Code. A peace officer is authorized to request a specified chemical test of a “person who operates a motor vehicle in this state upon a public highway, under such circumstances as to…”
Janson v. Fulton, 162 N.W.2d 438 (Iowa 1968). “This is an appeal by the commissioner of the Iowa Department of Public Safety from a district court judgment vacating the commissioner’s order revoking Wayne Bernard Janson’s driver’s license under the authority of section 321B.7, Code, 1966. The commissioner’s revocation, based…”
Hoffman v. Iowa Dep't of Transp., 257 N.W.2d 22 (Iowa 1977). “3 and § 321B.7, The Code. Petitioner believes his contentions are supported by the fact that immediately after visiting with his attorney he requested he be given the chemical tests.”
Severson v. Sueppel, 152 N.W.2d 281 (Iowa 1967). “June 30, 1965, plaintiff’s license was revoked by defendant for 120 days under the provisions of Code section 321B.7. Plaintiff then requested á hearing to review the revocation order as *1173 provided for by section 321B.”
State v. Wallin, 195 N.W.2d 95 (Iowa 1972). “Consent may be refused, in which event no test may be required and the suspension provisions of section 321B.7 become operative. If, however, consent is given, as it was here, the statute prescribes the test shall be given within (1) two hours after arrest; by (2) a licensed…”
Foley v. Iowa Dep't of Transp., Motor Veh. Div., 362 N.W.2d 208 (Iowa 1985). “See Iowa Code § 321B.7 (1979). The 45-day revocation was the result of a bargain Foley made with a department of transportation hearing officer in which Foley waived his right to a formal hearing under section 321B.”
Saunders v. Comm'r of Pub. Saf., 226 N.W.2d 19 (Iowa 1975). “* * * [I]f such person refuses to submit to any chemical testing, no test shall be given, and the provisions of section 321B.7 shall apply. * * *.” (Emphasis added).”
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