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

Iowa Code § 321J.23 (2026)

Legislative findings

✓ current as of July 2026
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The general assembly finds and declares as follows:

1. Drivers often do not realize the consequences of drinking alcohol or using other drugs, and driving a motor vehicle.

2. Prompt intervention is needed to protect society, including drivers, from death or serious long-term injury.

3. The conviction of a driver for operating while intoxicated identifies that person as a risk to the health and safety of others, as well as to the intoxicated driver.

4. Close observation of the effects on others of alcohol and drug use by an intoxicated driver convicted of operating while intoxicated may have a marked effect on recidivism and should therefore be encouraged by the courts.

5. The reality education substance use disorder prevention program provides guidelines for the operation of an intensive program to discourage recidivism. 92 Acts, ch 1231, §45; 2023 Acts, ch 19, §1074 \n

Notes of Decisions
Cited in 3 cases, 2017–2017 · leading case: State of Iowa v. Erik Milton Childs, 898 N.W.2d 177 (Iowa 2017).
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State of Iowa v. Erik Milton Childs, 898 N.W.2d 177 (Iowa 2017). · cites it 6× “” Iowa Code § 321J.23(2). A conviction under section 321J.”
State of Iowa v. Iowa Dist. Court for Scott Cnty., 889 N.W.2d 467 (Iowa 2017). · cites it 2× “2d 584, 587 (Iowa 1996)); see also Iowa Code § 321J.23(2) (“The *473 general assembly finds and declares .”
Amended September 15, 2017 State of Iowa v. Erik Milton Childs (Iowa 2017). · cites it 3× “” Iowa Code § 321J.23(2). A conviction under section 321J.”
— Iowa Code § 321J.23(2) — 3 cases
State of Iowa v. Erik Milton Childs, 898 N.W.2d 177 (Iowa 2017). “” Iowa Code § 321J.23(2). A conviction under section 321J.”
State of Iowa v. Iowa Dist. Court for Scott Cnty., 889 N.W.2d 467 (Iowa 2017). “2d 584, 587 (Iowa 1996)); see also Iowa Code § 321J.23(2) (“The *473 general assembly finds and declares .”
Amended September 15, 2017 State of Iowa v. Erik Milton Childs (Iowa 2017). “” Iowa Code § 321J.23(2). A conviction under section 321J.”
— Iowa Code § 321J.23(3) — 2 cases
State of Iowa v. Erik Milton Childs, 898 N.W.2d 177 (Iowa 2017). “” Iowa Code § 321J.23(2). A conviction under section 321J.”
Amended September 15, 2017 State of Iowa v. Erik Milton Childs (Iowa 2017). “” Iowa Code § 321J.23(2). A conviction under section 321J.”
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