Iowa Code

Iowa Code § 321J.1 (2026)

Definitions

✓ current as of July 2026
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As used in this chapter unless the context otherwise requires: 1. “Alcohol concentration” means the number of grams of alcohol per any of the following: a. One hundred milliliters of blood. b. Two hundred ten liters of breath. c. Sixty-seven milliliters of urine. 2. “Alcoholic beverage” includes alcohol, wine, spirits, beer, or any other beverage which contains ethyl alcohol and is fit for human consumption. 3. “Arrest” includes but is not limited to taking into custody pursuant to section 232.19. 4. “Controlled substance” means any drug, substance, or compound that is listed in section 124.204 or 124.206, or any metabolite or derivative of the drug, substance, or compound. 5. “Department” means the state department of transportation. 6. “Director” means the director of transportation or the director’s designee. 7. “Driver’s license” means any license or permit issued to a person to operate a motor vehicle on the highways of this state, including but not limited to a driver’s, commercial driver’s, temporary restricted, or temporary license and an instruction, chauffeur’s instruction, commercial learner’s, or temporary permit. 8. “Peace officer” means: a. A member of the state patrol. b. A police officer under civil service as provided in chapter 400. c. A sheriff. d. A regular deputy sheriff who has had formal police training. e. Any other law enforcement officer who has satisfactorily completed an approved course relating to motor vehicle operators under the influence of alcoholic beverages at the Iowa law\n\nTue Dec 09 22:15:57 2025 Iowa Code 2026, Chapter 321J (48, 3) §321J.1, OPERATING WHILE INTOXICATED 2\n\nenforcement academy or a law enforcement training program approved by the department of public safety. 9. “Serious injury” means the same as defined in section 702.18. 86 Acts, ch 1220, §1; 90 Acts, ch 1230, §83; 98 Acts, ch 1073, §9; 98 Acts, ch 1074, §27; 98 Acts, ch 1138, §10; 2001 Acts, ch 132, §16; 2005 Acts, ch 35, §31; 2010 Acts, ch 1073, §2; 2015 Acts, ch 123, §70 Referred to in §321.208, 321J.2A, 668.15A

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Notes of Decisions
Cited in 47 cases (4 in the last 5 years), 1988–2026 · leading case: State of Iowa v. Erik Milton Childs, 898 N.W.2d 177 (Iowa 2017).
State of Iowa v. Erik Milton Childs, 898 N.W.2d 177 (Iowa 2017). · cites it 12× “Therefore, Carboxy-THC falls within the definition of a prohibited “controlled substance” under Iowa Code section 321J.1. In Comried, we interpreted the text of section 321J.”
State v. Palmer, 554 N.W.2d 859 (Iowa 1996). · cites it 22× “2d 815, 817 (Iowa 1994) (discussing differences in statutory definitions of “peace officer”); compare Iowa Code § 321J.1(7) (defining “peace officer” for purposes of chapter 321J) with id.”
Brandon Dean Watson v. Iowa Dep't of Transp. Motor Veh. Div., 829 N.W.2d 566 (Iowa 2013). · cites it 14× “Operating a commercial motor vehicle with an alcohol concentration, as defined in section 321J.1, of 0.04 or more. [[Image here]] 12.”
West v. Aetna Life Ins., 171 F. Supp. 2d 856 (N.D. Iowa 2001). · cites it 8× “[w]hile having an alcohol concentration as defined in section 321J.1 of .10 or more.”); Iowa Code § 321J.”
State of Iowa v. Jonathan Q. Adams, 810 N.W.2d 365 (Iowa 2012). · cites it 4× “A person commits a class “D” felony when the person unintentionally causes a serious injury, as defined in section 321J.1, by any of the means described in subsection 1 or 2.”
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014). · cites it 6× “2d 859 , 864–65 (Iowa 1996); see also Iowa Code § 321J.1(7) (1995) (defining “peace officer” to include “[a]ny other law enforcement officer who has satisfactorily completed an approved course relating to motor vehicle operators under the influence of alcoholic beverages at the…”
State v. Dohlman, 725 N.W.2d 428 (Iowa 2006). · cites it 3× “While having an alcohol concentration as defined in section 321J.1 of .10 or more. Id. § 321J.”
State v. Wright, 441 N.W.2d 364 (Iowa 1989). · cites it 14× “Defendant ultimately provided a breath sample, which was found to contain an "alcohol concentration," as defined in Iowa Code section 321J.1(1), of .212. (A person commits the offense of operating while intoxicated if the person operates a motor vehicle while having an alcohol…”
State v. Hubka, 480 N.W.2d 867 (Iowa 1992). · cites it 4× “While having an alcohol concentration as defined in section 321J.1 of .10 or more. (Emphasis supplied.”
State v. Green, 470 N.W.2d 15 (Iowa 1991). · cites it 4× “See Iowa Code §§ 321J.1, 321J.6 (1989). Green was charged with operating while intoxicated.”
Rickie Rilea & Timothy Riley v. Iowa Dep't of Transp., 919 N.W.2d 380 (Iowa 2018). · cites it 3× “Iowa Code section 321J.1(8)( e ) defines "peace officer" for purposes of chapter 321J to include any "law enforcement officer who has satisfactorily completed an approved [OWI] course.”
State v. Braun, 495 N.W.2d 735 (Iowa 1993). · cites it 4× “See Iowa Code § 321J.1(1) and § 321J.2(l)(b).”
— Iowa Code § 321J.1(1) — 3 cases
State v. Braun, 495 N.W.2d 735 (Iowa 1993). “See Iowa Code § 321J.1(1) and § 321J.2(l)(b).”
Brandon Dean Watson v. Iowa Dep't of Transp. Motor Veh. Div., 829 N.W.2d 566 (Iowa 2013). “Operating a commercial motor vehicle with an alcohol concentration, as defined in section 321J.1, of 0.04 or more. [[Image here]] 12.”
State v. Wright, 441 N.W.2d 364 (Iowa 1989). “Defendant ultimately provided a breath sample, which was found to contain an "alcohol concentration," as defined in Iowa Code section 321J.1(1), of .212. (A person commits the offense of operating while intoxicated if the person operates a motor vehicle while having an alcohol…”
— Iowa Code § 321J.1(1)(B) — 1 case
State v. Bechtel, 434 N.W.2d 892 (Iowa Ct. App. 1988).
— Iowa Code § 321J.1(3) — 1 case
State of Iowa v. Dion Caldwell (Iowa Ct. App. 2021).
— Iowa Code § 321J.1(4) — 5 cases
State of Iowa v. Erik Milton Childs, 898 N.W.2d 177 (Iowa 2017). “Therefore, Carboxy-THC falls within the definition of a prohibited “controlled substance” under Iowa Code section 321J.1. In Comried, we interpreted the text of section 321J.”
State of Iowa v. Jonathan Kay Davis (Iowa Ct. App. 2016).
— Iowa Code § 321J.1(7) — 7 cases
State v. Palmer, 554 N.W.2d 859 (Iowa 1996). “2d 815, 817 (Iowa 1994) (discussing differences in statutory definitions of “peace officer”); compare Iowa Code § 321J.1(7) (defining “peace officer” for purposes of chapter 321J) with id.”
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014). “2d 859 , 864–65 (Iowa 1996); see also Iowa Code § 321J.1(7) (1995) (defining “peace officer” to include “[a]ny other law enforcement officer who has satisfactorily completed an approved course relating to motor vehicle operators under the influence of alcoholic beverages at the…”
State v. Wright, 441 N.W.2d 364 (Iowa 1989). “Defendant ultimately provided a breath sample, which was found to contain an "alcohol concentration," as defined in Iowa Code section 321J.1(1), of .212. (A person commits the offense of operating while intoxicated if the person operates a motor vehicle while having an alcohol…”
State v. Lindeman, 555 N.W.2d 693 (Iowa 1996).
State v. Driscoll, 455 N.W.2d 916 (Iowa 1990).
— Iowa Code § 321J.1(7)(e) — 2 cases
Iowa Farm Bureau Fed'n, Iowa Renewable Fuels Ass'n, & Iowa Water Env't Ass'n, 850 N.W.2d 403 (Iowa 2014). “2d 859 , 864–65 (Iowa 1996); see also Iowa Code § 321J.1(7) (1995) (defining “peace officer” to include “[a]ny other law enforcement officer who has satisfactorily completed an approved course relating to motor vehicle operators under the influence of alcoholic beverages at the…”
State v. Wright, 441 N.W.2d 364 (Iowa 1989). “Defendant ultimately provided a breath sample, which was found to contain an "alcohol concentration," as defined in Iowa Code section 321J.1(1), of .212. (A person commits the offense of operating while intoxicated if the person operates a motor vehicle while having an alcohol…”
— Iowa Code § 321J.1(8) — 6 cases
Rickie Rilea & Timothy Riley v. Iowa Dep't of Transp., 919 N.W.2d 380 (Iowa 2018). “Iowa Code section 321J.1(8)( e ) defines "peace officer" for purposes of chapter 321J to include any "law enforcement officer who has satisfactorily completed an approved [OWI] course.”
State v. Harris, 763 N.W.2d 269 (Iowa 2009).
State v. Dohlman, 725 N.W.2d 428 (Iowa 2006). “While having an alcohol concentration as defined in section 321J.1 of .10 or more. Id. § 321J.”
Alex Wayne Westra v. Iowa Dep't of Transp., 929 N.W.2d 754 (Iowa 2019).
— Iowa Code § 321J.1(8)(e) — 1 case
Alex Wayne Westra v. Iowa Dep't of Transp., 929 N.W.2d 754 (Iowa 2019).
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