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

Iowa Code § 321J.5 (2026)

Preliminary screening test

✓ current as of July 2026
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1. When a peace officer has reasonable grounds to believe that either of the following have occurred, the peace officer may request that the operator provide a sample of the operator’s breath for a preliminary screening test using a device approved by the commissioner of public safety for that purpose:\n\nTue Dec 09 22:15:57 2025 Iowa Code 2026, Chapter 321J (48, 3) 13 OPERATING WHILE INTOXICATED, §321J.7\n\n a. A motor vehicle operator may be violating or has violated section 321J.2 or 321J.2A.

b. The operator has been involved in a motor vehicle collision resulting in injury or death.

2. The results of this preliminary screening test may be used for the purpose of deciding whether an arrest should be made or whether to request a chemical test authorized in this chapter, but shall not be used in any court action except to prove that a chemical test was properly requested of a person pursuant to this chapter. 86 Acts, ch 1220, §5; 95 Acts, ch 48, §12 \n

Notes of Decisions
Cited in 29 cases (7 in the last 5 years), 1988–2025 · leading case: State v. Albrecht, 657 N.W.2d 474 (Iowa 2003).
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State v. Albrecht, 657 N.W.2d 474 (Iowa 2003). · cites it 20× “Whether the officer administered a valid PBT turns on the requirements of Iowa Code section 321J.5 and Iowa Administrative Code rule 661 — 7.”
State of Iowa v. Dale Dean Pettijohn Jr., 899 N.W.2d 1 (Iowa 2017). · cites it 4× “Iowa Code § 321J.5(2). Yet as testing technology has advanced and these tests have become more reliable, why not just legislate that the PBT results are admissible? B.”
State v. Wilkes, 756 N.W.2d 838 (Iowa 2008). · cites it 2× “Based on this information, Wood had an articulable suspicion to administer a preliminary breath test (PBT) pursuant to Iowa Code section 321J.5(l)(a). The results of the PBT constituted probable cause to invoke implied consent.”
Toby Joseph Welch v. Iowa Dep't of Transp., Motor Veh. Div., 801 N.W.2d 590 (Iowa 2011). · cites it 2× “See Iowa Code § 321J.5 (2009). The PBT indicated that Welch’s alcohol concentration equaled or exceeded the statutory limit of 0.”
Gavlock v. Coleman, 493 N.W.2d 94 (Iowa Ct. App. 1992). · cites it 6× “Iowa Code § 321J.5 (1991). With regard to the testimony of Allen, we hold defendant failed to make the proper objection at trial.”
State of Iowa v. Rachael Overbay, 810 N.W.2d 871 (Iowa 2012). · cites it 2× “Underwood also asked Ov-erbay for permission to conduct a preliminary breath test (PBT) under Iowa Code section 321J.5 (2009), but she apparently refused this test.”
State v. Zell, 491 N.W.2d 196 (Iowa Ct. App. 1992). · cites it 4× “Under Iowa Code section 321J.5, the results of a preliminary breath test may not be used in any court action except to prove a chemical test was properly requested.”
State v. Stanford, 474 N.W.2d 573 (Iowa 1991). · cites it 2× “See Iowa Code §§ 321J.5, 321J.6 (1989). Stanford emphatically refused to submit to the blood test apparently because of his strong aversion to needles.”
State v. Braun, 495 N.W.2d 735 (Iowa 1993). · cites it 2× “Iowa Code § 321J.5; cf. Westendorf v. Iowa Dep’t of Transp.”
State v. Pickett, 573 N.W.2d 245 (Iowa 1997). · cites it 2× “We note the admissibility of the preliminary screening test is controlled by Iowa Code section 321J.5. Under that section, the results of the preliminary screening tests are not admissible.”
State v. Bird, 663 N.W.2d 860 (Iowa 2003). · cites it 4× “Iowa Code section 321J.5, providing for the use of approved PBTs, is implemented by Iowa Administrative Code rule 661-7.”
State v. Iowa Dist. Court for Johnson Cnty., 630 N.W.2d 838 (Iowa 2001). · cites it 5× “Iowa Code § 321J.5(2) (emphasis added). It is apparent here that the district court was partially persuaded by the lower preliminary breath test score to grant a deferred judgment, otherwise there was no need to affirmatively state the court chose not to disregard it.”
Show all 29 citing cases →
— Iowa Code § 321J.5(1) — 3 cases
State v. Albrecht, 657 N.W.2d 474 (Iowa 2003). “Whether the officer administered a valid PBT turns on the requirements of Iowa Code section 321J.5 and Iowa Administrative Code rule 661 — 7.”
Hager v. Iowa Dep't of Transp., 687 N.W.2d 106 (Iowa Ct. App. 2004).
State of Iowa v. Zachary Earl Brain (Iowa Ct. App. 2025).
— Iowa Code § 321J.5(1)(a) — 1 case
State Of Iowa Vs. Richard S. Wilkes (Iowa 2008).
— Iowa Code § 321J.5(2) — 15 cases
State of Iowa v. Dale Dean Pettijohn Jr., 899 N.W.2d 1 (Iowa 2017). “Iowa Code § 321J.5(2). Yet as testing technology has advanced and these tests have become more reliable, why not just legislate that the PBT results are admissible? B.”
State v. Albrecht, 657 N.W.2d 474 (Iowa 2003). “Whether the officer administered a valid PBT turns on the requirements of Iowa Code section 321J.5 and Iowa Administrative Code rule 661 — 7.”
State v. Iowa Dist. Court for Johnson Cnty., 630 N.W.2d 838 (Iowa 2001). “Iowa Code § 321J.5(2) (emphasis added). It is apparent here that the district court was partially persuaded by the lower preliminary breath test score to grant a deferred judgment, otherwise there was no need to affirmatively state the court chose not to disregard it.”
State v. Bird, 663 N.W.2d 860 (Iowa 2003). “Iowa Code section 321J.5, providing for the use of approved PBTs, is implemented by Iowa Administrative Code rule 661-7.”
State v. Iowa Dist. Court for Johnson Cnty., 617 N.W.2d 33 (Iowa Ct. App. 2000).
— Iowa Code § 321J.5(l)(a) — 1 case
State v. Wilkes, 756 N.W.2d 838 (Iowa 2008). “Based on this information, Wood had an articulable suspicion to administer a preliminary breath test (PBT) pursuant to Iowa Code section 321J.5(l)(a). The results of the PBT constituted probable cause to invoke implied consent.”
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