1. A person who has been requested to submit to a chemical test shall be advised by a peace officer of the following:
a. If the person refuses to submit to the test, the person’s driver’s license or nonresident operating privilege will be revoked by the department as required by and for the applicable period specified under section 321J.9.
b. If the person submits to the test and the results indicate the presence of a controlled substance or other drug, or an alcohol concentration equal to or in excess of the level prohibited by section 321J.2 or 321J.2A, the person’s driver’s license or nonresident operating privilege will be revoked by the department as required by and for the applicable period specified under section 321J.12.
c. (1) If the person is operating a commercial motor vehicle as defined in section 321.1 and either refuses to submit to the test or submits to the test and the results indicate an alcohol concentration of 0.04 or more, the person is disqualified from operating a commercial motor vehicle for the applicable period under section 321.208 in addition to any revocation of the person’s driver’s license or nonresident operating privilege which may be applicable under this chapter.
(2) If the person is operating a noncommercial motor vehicle and holding a commercial driver’s license or commercial learner’s permit as defined in section 321.1 and either refuses to submit to the test or submits to the test and the results indicate the presence of a controlled substance or other drug or an alcohol concentration equal to or in excess of the level prohibited by section 321J.2, the person is disqualified from operating a commercial motor vehicle for the applicable period under section 321.208 in addition to any revocation of the person’s driver’s license or nonresident operating privilege which may be applicable under this chapter.
2. This section does not apply in any case involving a person described in section 321J.7. 86 Acts, ch 1220, §8; 90 Acts, ch 1230, §86; 95 Acts, ch 48, §15; 98 Acts, ch 1073, §9; 98 Acts, ch 1138, §17; 2007 Acts, ch 69, §1; 2009 Acts, ch 130, §14; 2015 Acts, ch 123, §71 \n
Notes of Decisions
State of Iowa Vs. Justin Joseph Hutton, 796 N.W.2d 898 (Iowa 2011).
· cites it 40× “The district court granted his motion, concluding the advisory given by a police officer was misleading and therefore violated section 321J.8, rendered the defendant’s consent to the test involuntary, and violated the defendant’s substantive due process rights.”
State v. Garcia, 756 N.W.2d 216 (Iowa 2008).
· cites it 14× “The issue presented is whether Iowa Code section 321J.8 requires an officer who has asked a person suspected of driving under the influence of alcohol to submit to chemical testing to make reasonable efforts to convey the consequences of the person’s refusal to submit to the…”
State of Iowa v. Rachael Overbay, 810 N.W.2d 871 (Iowa 2012).
· cites it 16× “He requested a blood sample from Over-bay and read the implied consent advisory required by section 321J.8 out loud to her, handing her a copy.”
Voss v. Iowa Dep't of Transp., Motor Veh. Div., 621 N.W.2d 208 (Iowa 2001).
· cites it 14× “Iowa Code § 321J.8. Our task in this appeal is to determine whether the legislature intended that this advisory be repeated with each alternate test requested.”
State v. Massengale, 745 N.W.2d 499 (Iowa 2008).
· cites it 12× “8, when a peace officer requests a person to submit to chemical testing, the peace officer must advise the person of the consequences of refusing the test as well as the consequences of failing the test. The clear intent of section 321J.”
State v. Fischer, 785 N.W.2d 697 (Iowa 2010).
· cites it 4× “This voluntariness requirement is captured by Iowa Code section 321J.8, which requires law enforcement officers to advise suspects of all the consequences of a decision to submit or refuse testing.”
State v. Bernhard, 657 N.W.2d 469 (Iowa 2003).
· cites it 4× “Iowa Code § 321J.8(1). Section 321J.9 provides for a varying length of revocation depending on the subject’s prior history of license revocations.”
State v. Kentner, 562 N.W.2d 431 (Iowa 1997).
· cites it 16× “Raquel Kentner has appealed her conviction of operating while intoxicated, contending that it was error for the district court to deny her motion to suppress breath-test results because the testing officer had failed to comply with the advisory requirements of Iowa Code section…”
— Iowa Code § 321J.8(1) — 3 cases
State v. Bernhard, 657 N.W.2d 469 (Iowa 2003).
“Iowa Code § 321J.8(1). Section 321J.9 provides for a varying length of revocation depending on the subject’s prior history of license revocations.”
— Iowa Code § 321J.8(1)(a) — 4 cases
— Iowa Code § 321J.8(l) — 1 case
State of Iowa Vs. Justin Joseph Hutton, 796 N.W.2d 898 (Iowa 2011).
“The district court granted his motion, concluding the advisory given by a police officer was misleading and therefore violated section 321J.8, rendered the defendant’s consent to the test involuntary, and violated the defendant’s substantive due process rights.”
— Iowa Code § 321J.8(l)(c) — 1 case
State of Iowa Vs. Justin Joseph Hutton, 796 N.W.2d 898 (Iowa 2011).
“The district court granted his motion, concluding the advisory given by a police officer was misleading and therefore violated section 321J.8, rendered the defendant’s consent to the test involuntary, and violated the defendant’s substantive due process rights.”
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