1. Only a licensed physician, licensed physician assistant as defined in section 148C.1,
medical technologist, or registered nurse, acting at the request of a peace officer, may
withdraw a specimen of blood for the purpose of determining the alcohol concentration or
the presence of a controlled substance or other drugs. However, any peace officer, using
devices and methods approved by the commissioner of public safety, may take a specimen
of a person’s breath or urine for the purpose of determining the alcohol concentration, or
may take a specimen of a person’s urine for the purpose of determining the presence of a
controlled substance or other drugs. Only new equipment kept under strictly sanitary and
sterile conditions shall be used for drawing blood.
2. The person may have an independent chemical test or tests administered at the person’s
own expense in addition to any administered at the direction of a peace officer. The failure
or inability of the person to obtain an independent chemical test or tests does not preclude
the admission of evidence of the results of the test or tests administered at the direction of
the peace officer. Upon the request of the person who is tested, the results of the test or tests
administered at the direction of the peace officer shall be made available to the person.
86 Acts, ch 1220, §11; 88 Acts, ch 1225, §26; 98 Acts, ch 1138, §19; 2018 Acts, ch 1041, §127
Referred to in §321J.10, 321J.10A
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Notes of Decisions
State of Iowa v. Tony Gene Lukins, 846 N.W.2d 902 (Iowa 2014).
· cites it 108× “The district court instead concluded Lukins requested 1Lukins received a deferred judgment for operating while intoxicated, first offense, in November 2005.”
State of Iowa v. Keegan Craig Smith, 926 N.W.2d 760 (Iowa 2019).
· cites it 18× “The failure or inability of the person to obtain an independent chemical test or tests does not preclude the admission of evidence of the results of the test or tests administered at the direction of the peace officer. Upon the request of the person who is tested, the results of…”
State of Iowa v. David Joseph Hellstern, 856 N.W.2d 355 (Iowa 2014).
· cites it 12× “Iowa Code section 321J.11 allows a person who submits to a breath test to have an independent blood or urine test at his own expense, but provides no right to repeat a Breathalyzer test.”
State v. Mahoney, 515 N.W.2d 47 (Iowa Ct. App. 1994).
· cites it 40× “See Iowa Code § 321J.11." Id. at 664 (emphasis added).”
Casper v. Iowa Dep't of Transp., Motor Veh. Div., 506 N.W.2d 799 (Iowa Ct. App. 1993).
· cites it 36× “The failure or inability of the person to obtain an independent chemical test or tests does not preclude the admission of evidence of the results of the test or tests administered at the direction of the peace officer.”
State v. Hornik, 672 N.W.2d 836 (Iowa 2003).
· cites it 18× “Iowa Code § 321J.11 (emphasis added); see also id.”
State v. Green, 680 N.W.2d 370 (Iowa 2004).
· cites it 18× “Iowa Code § 321J.11 (2003). The district court concluded that a phlebotomist is not included in the list of individuals who may withdraw a blood sample for testing and suppressed evidence of the defendant’s blood alcohol concentration garnered from a sample obtained by a…”
State v. Wootten, 577 N.W.2d 654 (Iowa 1998).
· cites it 12× “It then provides: The person may have an independent chemical test or tests administered at the person’s own expense in addition to any administered at the direction of a peace officer_ Upon the request of the person who is tested, the results of the test or tests administered…”
State of Iowa v. Lee Allen Breuer, 808 N.W.2d 195 (Iowa 2012).
· cites it 4× “” Iowa Code § 321J.11. The person withdrawing the blood specimen must be acting at the request of a peace officer.”
Ginsberg v. Iowa Dep't of Transp., Motor Veh. Div., 508 N.W.2d 663 (Iowa 1993).
· cites it 6× “See Iowa Code § 321J.11 (1991). Ginsberg contested the department of transportation’s subsequent revocation of his license for test refusal pursuant to Iowa Code section 321J.”
State v. Johnson, 744 N.W.2d 340 (Iowa 2008).
· cites it 2× “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…”
— Iowa Code § 321J.11(1) — 1 case
— Iowa Code § 321J.11(2) — 3 cases
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.