Iowa Code » Chapter 321J — OPERATING WHILE INTOXICATED
Iowa Code

Iowa Code § 321J.12 (2026)

Test result revocation

✓ current as of July 2026
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1. Upon certification, subject to penalty for perjury, by the peace officer that there existed reasonable grounds to believe that the person had been operating a motor vehicle in violation of section 321J.2, that there existed one or more of the necessary conditions for chemical testing described in section 321J.6, subsection 1, and that the person submitted to chemical testing and the test results indicated the presence of a controlled substance or other drug, or an alcohol concentration equal to or in excess of the level prohibited by section 321J.2, or a combination of alcohol and another drug in violation of section 321J.2, the department shall revoke the person’s driver’s license or nonresident operating privilege for the following periods of time: a. One hundred eighty days if the person has had no revocation under this chapter. b. One year if the person has had a previous revocation under this chapter. 2. The department shall require the defendant to install an ignition interlock device of a type approved by the commissioner of public safety on all vehicles operated by the defendant if the defendant seeks a temporary restricted license. A temporary restricted license shall not be granted by the department until the defendant installs the ignition interlock device. 3. The effective date of the revocation shall be ten days after the department has mailed notice of revocation to the person by first class mail, notwithstanding chapter 17A. The peace officer who requested or directed the administration of the chemical test may, on behalf of the department, serve immediate notice of revocation on a person whose test results indicated the presence of a controlled substance or other drug, or an alcohol concentration equal to or in excess of the level prohibited by section 321J.2, or a combination of alcohol and another controlled substance or drug in violation of section 321J.2. 4. If the peace officer serves that immediate notice, the peace officer shall take the person’s Iowa license or permit, if any, and issue a temporary license valid only for ten days. The peace officer shall immediately send the person’s driver’s license to the department along with the officer’s certificate indicating that the test results indicated the presence of a\n\nTue Dec 09 22:15:57 2025 Iowa Code 2026, Chapter 321J (48, 3) §321J.12, OPERATING WHILE INTOXICATED 18\n\ncontrolled substance or other drug, or an alcohol concentration equal to or in excess of the level prohibited by section 321J.2. 5. Upon certification, subject to penalty of perjury, by the peace officer that there existed reasonable grounds to believe that the person had been operating a motor vehicle in violation of section 321J.2A, that there existed one or more of the necessary conditions for chemical testing described in section 321J.6, subsection 1, and that the person submitted to chemical testing and the test results indicated an alcohol concentration of .02 or more but less than .08, the department shall revoke the person’s driver’s license or operating privilege for a period of sixty days if the person has had no previous revocation under this chapter, and for a period of ninety days if the person has had a previous revocation under this chapter. 6. The results of a chemical test may not be used as the basis for a revocation of a person’s driver’s license or nonresident operating privilege if the alcohol or drug concentration indicated by the chemical test minus the established margin of error inherent in the device or method used to conduct the chemical test is not equal to or in excess of the level prohibited by section 321J.2 or 321J.2A. 86 Acts, ch 1220, §12; 95 Acts, ch 48, §17; 95 Acts, ch 143, §12; 96 Acts, ch 1090, §12; 97 Acts, ch 177, §15, 16; 98 Acts, ch 1073, §9; 98 Acts, ch 1138, §20; 2001 Acts, ch 32, §48; 2003 Acts, ch 60, §5, 6; 2003 Acts, ch 179, §123; 2010 Acts, ch 1097, §9; 2018 Acts, ch 1110, §6, 9; 2021 Acts, ch 80, §185; 2021 Acts, ch 98, §6; 2024 Acts, ch 1050, §5, 10, 11 Referred to in §321.211A, 321J.2, 321J.2A, 321J.4, 321J.8, 321J.13, 915.80 2024 amendment to subsection 2 effective January 1, 2025, and applies to driver’s license revocations under chapter 321J for which the underlying offense occurred on or after that date; 2024 Acts, ch 1050, §10, 11

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Notes of Decisions
Cited in 20 cases, 1988–2018 · leading case: City of Des Moines v. Iowa Dep't of Transp. & Iowa Transp. Comm'n, 911 N.W.2d 431 (Iowa 2018).
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City of Des Moines v. Iowa Dep't of Transp. & Iowa Transp. Comm'n, 911 N.W.2d 431 (Iowa 2018). “(quoting Iowa Code § 321J.12 (1987) ). Because the administrative rules review committee challenged the rule, the burden was on the agency to establish its authority to promulgate the rule.”
Lee v. Iowa Dep't of Transp., Motor Veh. Div., 693 N.W.2d 342 (Iowa 2005). · cites it 3× “Iowa Code § 321J.12 (Supp.2003). The administrative law judge in this case found all elements of this civil statute were met and upheld revocation of Lee’s license for 180 days.”
Reed v. Iowa Dep't of Transp., 478 N.W.2d 844 (Iowa 1991). · cites it 2× “See Iowa Code § 321J.12 (test result revocation).”
Teresa Karen Bearinger v. Iowa Dep't of Transp., Motor Veh. Div., 844 N.W.2d 104 (Iowa 2014). “Iowa Code § 321J.12(1) (emphasis added). IDOT revoked Bearinger’s license based on the first ground: she drove after taking “a controlled substance or other drug.”
State v. Kocher, 542 N.W.2d 556 (Iowa 1996). “See Iowa Code § 321J.12 (1993). Based on this revocation, Kocher moved to dismiss her OWI case on double jeopardy grounds.”
State v. Vargason, 607 N.W.2d 691 (Iowa 2000). “See Iowa Code § 321J.12(l)(a) (requiring the DOT to revoke an operator’s driving privileges for 180 days if there has been no prior revocation under chapter 321J within the prior six years and the chemical test results indicate an alcohol concentration of .”
State v. Krebs, 562 N.W.2d 423 (Iowa 1997). “See Iowa Code § 321J.12(2) (1997). 4 . Although Krebs raises this argument, there is no evidence in the record indicating he lost his employment due to the waiting period for a temporary restricted license.”
Scott v. Iowa Dep't of Transp., 604 N.W.2d 617 (Iowa 2000). · cites it 2× “See Iowa Code § 321J.12(1) (providing that, when the test results from a chemical test indicate an alcohol concentration of .”
Peterson v. Iowa Dep't of Transp., 508 N.W.2d 689 (Iowa 1993). “See Iowa Code § 321J.12. *691 Peterson subsequently challenged his license revocation in a telephonic hearing before an administrative law judge (ALJ).”
Garwick v. Iowa Dep't of Transp., Motor Veh. Div., 611 N.W.2d 286 (Iowa 2000). “See Iowa Code § 321J.12(l)(a). If “the person has had a previous revocation under this chapter,” the current revocation is extended to one year.”
Ruble v. Kansas Dep't of Revenue, 973 P.2d 213 (Kan. Ct. App. 1999). “, Iowa Code § 321J.12 (1997 Supp.) (Iowa’s license revocation statute was subsequently amended after Nugent to require the hearing officer to consider die established margin of error inherent in the testing device utilized); Lawson, 261 Kan.”
Barker v. Iowa Dep't of Transp., Motor Veh. Dep't, 431 N.W.2d 348 (Iowa 1988). “Iowa Code § 321J.12 (1987). 1 Section 321J.”
Show all 20 citing cases →
— Iowa Code § 321J.12(1) — 2 cases
Teresa Karen Bearinger v. Iowa Dep't of Transp., Motor Veh. Div., 844 N.W.2d 104 (Iowa 2014). “Iowa Code § 321J.12(1) (emphasis added). IDOT revoked Bearinger’s license based on the first ground: she drove after taking “a controlled substance or other drug.”
Scott v. Iowa Dep't of Transp., 604 N.W.2d 617 (Iowa 2000). “See Iowa Code § 321J.12(1) (providing that, when the test results from a chemical test indicate an alcohol concentration of .”
— Iowa Code § 321J.12(1)(a) — 1 case
Garwick v. Dept. of Transp., Motor Veh., 611 N.W.2d 286 (Iowa 2000).
— Iowa Code § 321J.12(1)(b) — 1 case
Garwick v. Dept. of Transp., Motor Veh., 611 N.W.2d 286 (Iowa 2000).
— Iowa Code § 321J.12(2) — 1 case
State v. Krebs, 562 N.W.2d 423 (Iowa 1997). “See Iowa Code § 321J.12(2) (1997). 4 . Although Krebs raises this argument, there is no evidence in the record indicating he lost his employment due to the waiting period for a temporary restricted license.”
— Iowa Code § 321J.12(2)(6) — 1 case
Lee v. Iowa Dep't of Transp., Motor Veh. Div., 693 N.W.2d 342 (Iowa 2005). “Iowa Code § 321J.12 (Supp.2003). The administrative law judge in this case found all elements of this civil statute were met and upheld revocation of Lee’s license for 180 days.”
— Iowa Code § 321J.12(6) — 2 cases
Scott v. Iowa Dep't of Transp., 604 N.W.2d 617 (Iowa 2000). “See Iowa Code § 321J.12(1) (providing that, when the test results from a chemical test indicate an alcohol concentration of .”
Cripps v. Iowa Dep't of Transp., Motor Veh. Div., 613 N.W.2d 210 (Iowa 2000).
— Iowa Code § 321J.12(l)(a) — 2 cases
State v. Vargason, 607 N.W.2d 691 (Iowa 2000). “See Iowa Code § 321J.12(l)(a) (requiring the DOT to revoke an operator’s driving privileges for 180 days if there has been no prior revocation under chapter 321J within the prior six years and the chemical test results indicate an alcohol concentration of .”
Garwick v. Iowa Dep't of Transp., Motor Veh. Div., 611 N.W.2d 286 (Iowa 2000). “See Iowa Code § 321J.12(l)(a). If “the person has had a previous revocation under this chapter,” the current revocation is extended to one year.”
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