1. Notwithstanding section 321J.10, if a person is under arrest for an offense arising out
of acts alleged to have been committed while the person was operating a motor vehicle in
violation of section 321J.2 or 321J.2A, and that arrest results from an accident that causes a
death or personal injury reasonably likely to cause death, a chemical test of blood may be
administered without the consent of the person arrested to determine the amount of alcohol
or a controlled substance in that person’s blood if all of the following circumstances exist:
a. The peace officer reasonably believes the blood drawn will produce evidence of
intoxication.
b. The method used to take the blood sample is reasonable and performed in a reasonable
manner by medical personnel under section 321J.11.
c. The peace officer reasonably believes the officer is confronted with an emergency
situation in which the delay necessary to obtain a warrant under section 321J.10 threatens
the destruction of the evidence.
2. If the person from whom a specimen of blood is to be withdrawn objects to the
withdrawal, a breath or urine sample may be taken under the following circumstances:
a. If the person is capable of giving a specimen of breath, and a direct breath testing
instrument is readily available, the withdrawal of a specimen of the person’s breath may be\n\nTue Dec 09 22:15:57 2025 Iowa Code 2026, Chapter 321J (48, 3)
17 OPERATING WHILE INTOXICATED, §321J.12\n\ntaken for chemical testing, unless the peace officer has reasonable grounds to believe that
the person was under the influence of a controlled substance, a drug other than alcohol, or a
combination of alcohol and another drug.
b. If the peace officer has reasonable grounds to believe that the person was under the
influence of a controlled substance, a drug other than alcohol, or a combination of alcohol
and another drug, a urine sample shall be collected in lieu of a blood sample, if the person is
capable of giving a urine sample and the sample can be collected.
2004 Acts, ch 1098, §1
\n
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2008–2021 · leading case:
State v. Johnson, 744 N.W.2d 340 (Iowa 2008).
State v. Johnson, 744 N.W.2d 340 (Iowa 2008).
· cites it 28× “Iowa Code § 321J.10A. In 2004, the legislature enacted section 321J.”
State v. Harris, 763 N.W.2d 269 (Iowa 2009).
· cites it 25× “The district court based its decision to suppress the blood sample on its interpretation of Iowa Code section 321J.10A. When suppression rulings are based upon statutory interpretation, the case is reviewed for correction of errors of law.”
State of Iowa v. Brian De Arrie McGee (Iowa 2021).
· cites it 3× “” Iowa Code section 321J.10A states that a police officer may obtain a sample without a warrant if the person is under arrest for operating a vehicle unlawfully and the police “officer reasonably believes the blood drawn will produce evidence of intoxication,” the method used is…”
— Iowa Code § 321J.10A(1) — 4 cases
State v. Johnson, 744 N.W.2d 340 (Iowa 2008).
“Iowa Code § 321J.10A. In 2004, the legislature enacted section 321J.”
State v. Harris, 763 N.W.2d 269 (Iowa 2009).
“The district court based its decision to suppress the blood sample on its interpretation of Iowa Code section 321J.10A. When suppression rulings are based upon statutory interpretation, the case is reviewed for correction of errors of law.”
— Iowa Code § 321J.10A(1)(a) — 1 case
— Iowa Code § 321J.10A(1)(c) — 2 cases
State of Iowa v. Brian De Arrie McGee (Iowa 2021).
“” Iowa Code section 321J.10A states that a police officer may obtain a sample without a warrant if the person is under arrest for operating a vehicle unlawfully and the police “officer reasonably believes the blood drawn will produce evidence of intoxication,” the method used is…”
— Iowa Code § 321J.10A(l)(a) — 1 case
State v. Harris, 763 N.W.2d 269 (Iowa 2009).
“The district court based its decision to suppress the blood sample on its interpretation of Iowa Code section 321J.10A. When suppression rulings are based upon statutory interpretation, the case is reviewed for correction of errors of law.”
— Iowa Code § 321J.10A(l)(c) — 1 case
State v. Harris, 763 N.W.2d 269 (Iowa 2009).
“The district court based its decision to suppress the blood sample on its interpretation of Iowa Code section 321J.10A. When suppression rulings are based upon statutory interpretation, the case is reviewed for correction of errors of law.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.