1. A person who operates a motor vehicle in this state under circumstances which give
reasonable grounds to believe that the person has been operating a motor vehicle in violation
of section 321J.2 or 321J.2A is deemed to have given consent to the withdrawal of specimens
of the person’s blood, breath, or urine and to a chemical test or tests of the specimens for
the purpose of determining the alcohol concentration or presence of a controlled substance
or other drugs, subject to this section. The withdrawal of the body substances and the test
or tests shall be administered at the written request of a peace officer having reasonable
grounds to believe that the person was operating a motor vehicle in violation of section 321J.2
or 321J.2A, and if any of the following conditions exist:
a. A peace officer has lawfully placed the person under arrest for violation of section
321J.2.
b. The person has been involved in a motor vehicle accident or collision resulting in
personal injury or death.
c. The person has refused to take a preliminary breath screening test provided by this
chapter.
d. The preliminary breath screening test was administered and it indicated an alcohol
concentration equal to or in excess of the level prohibited by section 321J.2.
e. The preliminary breath screening test was administered to a person operating
a commercial motor vehicle as defined in section 321.1 and it indicated an alcohol
concentration of 0.04 or more.
f. The preliminary breath screening test was administered and it indicated an alcohol
concentration less than the level prohibited by section 321J.2, and the peace officer has
reasonable grounds to believe that the person was under the influence of a controlled
substance, a drug other than alcohol, or a combination of alcohol and another drug.
g. The preliminary breath screening test was administered and it indicated an alcohol
concentration of .02 or more but less than .08 and the person is under the age of twenty-one.
2. The peace officer shall determine which of the three substances, breath, blood, or urine,
shall be tested. Refusal to submit to a chemical test of urine or breath is deemed a refusal
to submit, and section 321J.9 applies. A refusal to submit to a chemical test of blood is not
deemed a refusal to submit, but in that case, the peace officer shall then determine which
one of the other two substances shall be tested and shall offer the test. If the peace officer
fails to offer a test within two hours after the preliminary screening test is administered or
refused or the arrest is made, whichever occurs first, a test is not required, and there shall be
no revocation under section 321J.9.
3. Notwithstanding subsection 2, if the peace officer has reasonable grounds to believe
that the person was under the influence of a controlled substance, a drug other than alcohol,
or a combination of alcohol and another drug, a blood or urine test shall be required even
after another type of test has been administered. Section 321J.9 applies to a refusal to submit
to a chemical test of urine or blood requested under this subsection.
86 Acts, ch 1220, §6; 90 Acts, ch 1230, §85; 95 Acts, ch 48, §13, 14; 98 Acts, ch 1138, §14 –
16; 2003 Acts, ch 60, §4
Referred to in §321J.2, 321J.7, 321J.9, 321J.10, 321J.12, 907.3
\n
Notes of Decisions
State of Iowa v. Carrie McIver, 858 N.W.2d 699 (Iowa 2015).
· cites it 135× “6 establishes the process for testing under the implied consent law. It accomplishes this by using three related subsections.”
State v. Fischer, 785 N.W.2d 697 (Iowa 2010).
· cites it 32× “If a driver refuses the chemical testing under the implied-consent procedure, the officer sends the department of transportation a certified, sworn report that the officer had reasonable grounds to believe the person was driving while intoxicated and that conditions existed to…”
State v. Palmer, 554 N.W.2d 859 (Iowa 1996).
· cites it 47× “See Iowa Code § 321J.6. This statute is known as Iowa’s implied consent law.”
State v. Albrecht, 657 N.W.2d 474 (Iowa 2003).
· cites it 24× “Following these tests, the officer invoked the implied-consent procedure of Iowa Code section 321J.6 (1999). The officer indicated on the implied consent form that he was basing his request on Albrecht’s PBT.”
State v. Hopkins, 465 N.W.2d 894 (Iowa 1991).
· cites it 56× “We granted the State's request for discretionary review of the trial court's ruling suppressing evidence of the results of a blood test taken under the implied consent statute, Iowa Code section 321J.6 (1989). The defendant, Stacy Lynn Hopkins, was charged with the crime of…”
State v. Kelly, 430 N.W.2d 427 (Iowa 1988).
· cites it 44× “The district court agreed, finding adherence to the two-hour limit to be a statutory foundational requirement for the admission of evidence of section 321J.6 tests. The State contends this conclusion was erroneous for two reasons.”
Toby Joseph Welch v. Iowa Dep't of Transp., Motor Veh. Div., 801 N.W.2d 590 (Iowa 2011).
· cites it 17× “Because section 321J.6 further *595 provides that the intoxicated driver “is deemed to have given consent” to withdrawal and testing, we have recognized that implied consent “establishes the basic principle that a driver impliedly agrees to submit to a test in return for the…”
State of Iowa v. John Arthur Senn Jr., 882 N.W.2d 1 (Iowa 2016).
· cites it 10× “Eleven days later, the State charged him with OWI, and he moved to suppress the test result, claiming he was entitled under article I, section 10 of the Iowa Constitution to a private phone consultation with counsel before 1See Iowa Code § 321J.6 (“A person who operates a motor…”
State of Iowa v. Dale Dean Pettijohn Jr., 899 N.W.2d 1 (Iowa 2017).
· cites it 8× “§§ 321J.6, .8, .9. Therefore, we draw on our relevant context from cases involving the operation of a motor vehicle while intoxicated in describing the requirements of voluntary consent in cases involving individuals suspected of boating while intoxicated.”
State of Iowa v. Rachael Overbay, 810 N.W.2d 871 (Iowa 2012).
· cites it 21× “Trooper Underwood invoked implied consent under Iowa Code section 321J.6. He requested a blood sample from Over-bay and read the implied consent advisory required by section 321J.”
Ludtke v. Iowa Dep't of Transp., Motor Veh. Div., 646 N.W.2d 62 (Iowa 2002).
· cites it 17× “At the station, the trooper invoked the implied consent law, see Iowa Code section 321J.6, and proceeded to administer a breath test using the Model 4011A Intoxilyzer.”
— Iowa Code § 321J.6(1) — 64 cases
State v. Fischer, 785 N.W.2d 697 (Iowa 2010).
“If a driver refuses the chemical testing under the implied-consent procedure, the officer sends the department of transportation a certified, sworn report that the officer had reasonable grounds to believe the person was driving while intoxicated and that conditions existed to…”
State of Iowa v. Carrie McIver, 858 N.W.2d 699 (Iowa 2015).
“6 establishes the process for testing under the implied consent law. It accomplishes this by using three related subsections.”
Toby Joseph Welch v. Iowa Dep't of Transp., Motor Veh. Div., 801 N.W.2d 590 (Iowa 2011).
“Because section 321J.6 further *595 provides that the intoxicated driver “is deemed to have given consent” to withdrawal and testing, we have recognized that implied consent “establishes the basic principle that a driver impliedly agrees to submit to a test in return for the…”
— Iowa Code § 321J.6(1)(6) — 1 case
— Iowa Code § 321J.6(1)(a) — 10 cases
State v. Hopkins, 465 N.W.2d 894 (Iowa 1991).
“We granted the State's request for discretionary review of the trial court's ruling suppressing evidence of the results of a blood test taken under the implied consent statute, Iowa Code section 321J.6 (1989). The defendant, Stacy Lynn Hopkins, was charged with the crime of…”
— Iowa Code § 321J.6(1)(b) — 6 cases
State v. Hopkins, 465 N.W.2d 894 (Iowa 1991).
“We granted the State's request for discretionary review of the trial court's ruling suppressing evidence of the results of a blood test taken under the implied consent statute, Iowa Code section 321J.6 (1989). The defendant, Stacy Lynn Hopkins, was charged with the crime of…”
State v. Kelly, 430 N.W.2d 427 (Iowa 1988).
“The district court agreed, finding adherence to the two-hour limit to be a statutory foundational requirement for the admission of evidence of section 321J.6 tests. The State contends this conclusion was erroneous for two reasons.”
— Iowa Code § 321J.6(1)(c) — 2 cases
— Iowa Code § 321J.6(1)(d) — 4 cases
State v. Albrecht, 657 N.W.2d 474 (Iowa 2003).
“Following these tests, the officer invoked the implied-consent procedure of Iowa Code section 321J.6 (1999). The officer indicated on the implied consent form that he was basing his request on Albrecht’s PBT.”
— Iowa Code § 321J.6(1)(f) — 1 case
— Iowa Code § 321J.6(2) — 31 cases
State of Iowa v. Carrie McIver, 858 N.W.2d 699 (Iowa 2015).
“6 establishes the process for testing under the implied consent law. It accomplishes this by using three related subsections.”
State v. Kelly, 430 N.W.2d 427 (Iowa 1988).
“The district court agreed, finding adherence to the two-hour limit to be a statutory foundational requirement for the admission of evidence of section 321J.6 tests. The State contends this conclusion was erroneous for two reasons.”
State of Iowa v. Rachael Overbay, 810 N.W.2d 871 (Iowa 2012).
“Trooper Underwood invoked implied consent under Iowa Code section 321J.6. He requested a blood sample from Over-bay and read the implied consent advisory required by section 321J.”
Toby Joseph Welch v. Iowa Dep't of Transp., Motor Veh. Div., 801 N.W.2d 590 (Iowa 2011).
“Because section 321J.6 further *595 provides that the intoxicated driver “is deemed to have given consent” to withdrawal and testing, we have recognized that implied consent “establishes the basic principle that a driver impliedly agrees to submit to a test in return for the…”
— Iowa Code § 321J.6(3) — 5 cases
State of Iowa v. Carrie McIver, 858 N.W.2d 699 (Iowa 2015).
“6 establishes the process for testing under the implied consent law. It accomplishes this by using three related subsections.”
Ludtke v. Iowa Dep't of Transp., Motor Veh. Div., 646 N.W.2d 62 (Iowa 2002).
“At the station, the trooper invoked the implied consent law, see Iowa Code section 321J.6, and proceeded to administer a breath test using the Model 4011A Intoxilyzer.”
— Iowa Code § 321J.6(l) — 3 cases
State v. Albrecht, 657 N.W.2d 474 (Iowa 2003).
“Following these tests, the officer invoked the implied-consent procedure of Iowa Code section 321J.6 (1999). The officer indicated on the implied consent form that he was basing his request on Albrecht’s PBT.”
State v. Fischer, 785 N.W.2d 697 (Iowa 2010).
“If a driver refuses the chemical testing under the implied-consent procedure, the officer sends the department of transportation a certified, sworn report that the officer had reasonable grounds to believe the person was driving while intoxicated and that conditions existed to…”
— Iowa Code § 321J.6(l)(a) — 6 cases
State v. Palmer, 554 N.W.2d 859 (Iowa 1996).
“See Iowa Code § 321J.6. This statute is known as Iowa’s implied consent law.”
State v. Hopkins, 465 N.W.2d 894 (Iowa 1991).
“We granted the State's request for discretionary review of the trial court's ruling suppressing evidence of the results of a blood test taken under the implied consent statute, Iowa Code section 321J.6 (1989). The defendant, Stacy Lynn Hopkins, was charged with the crime of…”
— Iowa Code § 321J.6(l)(b) — 5 cases
State v. Hopkins, 465 N.W.2d 894 (Iowa 1991).
“We granted the State's request for discretionary review of the trial court's ruling suppressing evidence of the results of a blood test taken under the implied consent statute, Iowa Code section 321J.6 (1989). The defendant, Stacy Lynn Hopkins, was charged with the crime of…”
State v. Kelly, 430 N.W.2d 427 (Iowa 1988).
“The district court agreed, finding adherence to the two-hour limit to be a statutory foundational requirement for the admission of evidence of section 321J.6 tests. The State contends this conclusion was erroneous for two reasons.”
— Iowa Code § 321J.6(l)(d) — 4 cases
State v. Albrecht, 657 N.W.2d 474 (Iowa 2003).
“Following these tests, the officer invoked the implied-consent procedure of Iowa Code section 321J.6 (1999). The officer indicated on the implied consent form that he was basing his request on Albrecht’s PBT.”
Annotations are extracted automatically from the opinions in the
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