A person who is dead, unconscious, or otherwise in a condition rendering the person
incapable of consent or refusal is deemed not to have withdrawn the consent provided
by section 321J.6, and the test may be given if a licensed physician, physician assistant,\n\nTue Dec 09 22:15:57 2025 Iowa Code 2026, Chapter 321J (48, 3)
§321J.7, OPERATING WHILE INTOXICATED 14\n\nor advanced registered nurse practitioner certifies in advance of the test that the person
is unconscious or otherwise in a condition rendering that person incapable of consent or
refusal. If the certification is oral, a written certification shall be completed by the physician,
physician assistant, or advanced registered nurse practitioner within a reasonable time of
the test.
86 Acts, ch 1220, §7; 97 Acts, ch 147, §4; 97 Acts, ch 177, §13; 2005 Acts, ch 49, §1
Referred to in §321J.8, 321J.10
\n
Notes of Decisions
State v. Green, 470 N.W.2d 15 (Iowa 1991).
· cites it 10× “The State relies on Iowa Code section 321J.7. Under that statute, the State insists no written request for a chemical test is necessary when the person to be tested is incapable of consenting to or refusing chemical testing.”
State v. Rains, 574 N.W.2d 904 (Iowa 1998).
· cites it 6× “The parties stipulated for purposes of the motion to suppress that there was no certification by a licensed physician that Rains was incapable of consent pursuant to section 321J.7. The parties also stipulated that Rains had not been charged with involuntary manslaughter, or…”
Toby Joseph Welch v. Iowa Dep't of Transp., Motor Veh. Div., 801 N.W.2d 590 (Iowa 2011).
· cites it 2× “For example, Iowa Code section 321J.7 provides that "[a] person who is dead, unconscious, or otherwise in a condition rendering the person incapable of consent or refusal is deemed not to have withdrawn the consent provided by section 321J.”
State v. Axline, 450 N.W.2d 857 (Iowa 1990).
· cites it 8× “One of the doctors attending to Axline refused permission for the deputy to see Axline and, pursuant to Iowa Code section 321J.7, certified that Axline was incapable of giving or refusing consent to the withdrawal of his blood.”
State v. Miller, 818 N.W.2d 267 (Iowa Ct. App. 2012).
· cites it 4× “Rehmann signed a form pursuant to Iowa Code section 321J.7 stating the patient was in a condition rendering him unable to provide consent.”
State v. Laughridge, 437 N.W.2d 570 (Iowa 1989).
· cites it 6× “A peace officer shall advise a person of the right to refuse and the consequences of refusal or consent when requesting the withdrawal of a body substance.”
State v. Palmer, 554 N.W.2d 859 (Iowa 1996).
“§ 321J.7 (test may be given without person’s express consent if person is dead, unconscious or otherwise incapable of giving consent).”
State v. Stanford, 474 N.W.2d 573 (Iowa 1991).
“A person who refuses to submit a requested specimen, prior to arrest, and who does not come under the purview of Iowa Code sections 321J.7 (dead or unconscious) and 321J.”
State v. Green, 680 N.W.2d 370 (Iowa 2004).
“Green filed a motion to suppress the results of his blood test and the contents of his conversation with the deputy.”
State of Iowa v. Brian De Arrie McGee (Iowa 2021).
· cites it 40× “2d 857 , 859–60 (Iowa 1990) (stating that “[c]onsiderable deference should be given to a trial court’s factual findings” under Iowa Code § 321J.7, and that a person who is conscious can nevertheless be “in a condition rendering him incapable of giving or refusing consent”).”
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