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

Iowa Code § 321J.16 (2026)

Proof of refusal admissible

✓ current as of July 2026
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If a person refuses to submit to a chemical test, proof of refusal is admissible in any civil or criminal action or proceeding 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. 86 Acts, ch 1220, §16; 95 Acts, ch 48, §20 Referred to in §321J.10

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Notes of Decisions
Cited in 26 cases (13 in the last 5 years), 1987–2025 · leading case: State v. Massick, 511 N.W.2d 384 (Iowa 1994).
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State v. Massick, 511 N.W.2d 384 (Iowa 1994). · cites it 2× “The instruction is based upon Iowa Code section 321J.16, which provides: If a person refuses to submit to a chemical test, proof of refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person was…”
State v. Sinclair, 582 N.W.2d 762 (Iowa 1998). · cites it 2× “*765 Iowa Code section 321J.16 provides that proof of a defendant’s refusal to submit to a chemical test is admissible in any action against that defendant arising out of section 321J.”
State v. Bloomer, 618 N.W.2d 550 (Iowa 2000). · cites it 2× “Iowa Code § 321J.16. Bloomer claims his test refusal under the implied consent procedures was “invoked by [the trooper] without merit.”
State v. Hennessey, 405 N.W.2d 846 (Iowa 1987). · cites it 2× “This appeal follows a jury verdict of guilty. I. Hennessey contends it was error to admit evidence of his refusal to submit to the breath test.”
State of Iowa v. Hannah Marie Kilby (Iowa 2021). · cites it 18× “In this appeal, a defendant convicted of driving while intoxicated asks us to strike down as unconstitutional Iowa Code section 321J.16, which allows into evidence her refusal to submit to a breathalyzer test.”
State of Iowa v. Hannah Marie Kilby (Iowa 2021). · cites it 18× “In this appeal, a defendant convicted of driving while intoxicated asks us to strike down as unconstitutional Iowa Code section 321J.16, which allows into evidence her refusal to submit to a breathalyzer test.”
State of Iowa v. Joseph Edward Brekke (Iowa Ct. App. 2019). · cites it 4× “See Iowa Code § 321J.16; State v. Massick, 511 N.”
State of Iowa v. Timothy Douglas Seils (Iowa Ct. App. 2019). · cites it 4× “See Iowa Code § 321J.16; see also State v. Claiser, No.”
State of Iowa v. Curtis Lee Walter (Iowa Ct. App. 2022). · cites it 4× “See Iowa Code § 321J.16.[3] The defendant’s test refusal and admission he had used amyl nitrate the day in question are indicative that the defendant had drugs in his system.”
State of Iowa v. Robert Steven Thompson II (Iowa Ct. App. 2025). · cites it 4× “See Iowa Code § 321J.16. And while not an instruction in this case, the jury could consider Thompson’s truthfulness in his interactions with police.”
State of Iowa v. Donald Dean Gridley (Iowa Ct. App. 2016). · cites it 2× “” Iowa Code § 321J.16. In light of the deputy’s testimony, we conclude the district court did not err in giving the jury instruction.”
State of Iowa v. William Edward Hunt (Iowa Ct. App. 2017). · cites it 2× “See Iowa Code § 321J.16; see also State v. Massick, 511 N.”
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