1. If a person refuses to submit to the chemical testing, a test shall not be given, but the
department, upon the receipt of the peace officer’s certification, subject to penalty for perjury,
that the officer had reasonable grounds to believe the person to have been operating a motor
vehicle in violation of section 321J.2 or 321J.2A, that specified conditions existed for chemical
testing pursuant to section 321J.6, and that the person refused to submit to the chemical
testing, shall revoke the person’s driver’s license and any nonresident operating privilege for
the following periods of time:
a. One year if the person has no previous revocation under this chapter; and
b. Two years if the person has had a previous revocation under this chapter.
2. The department shall require the defendant to install an ignition interlock device of a
type approved by the commissioner of public safety on all vehicles operated by the defendant
if the defendant seeks a temporary restricted license. A temporary restricted license shall not
be granted by the department until the defendant installs the ignition interlock device.
3. If the person is a resident without a license or permit to operate a motor vehicle in this
state, the department shall deny to the person the issuance of a license or permit for the same
period a license or permit would be revoked, subject to review as provided in this chapter.
4. The effective date of revocation shall be ten days after the department has mailed
notice of revocation to the person by first class mail, notwithstanding chapter 17A. The peace\n\nTue Dec 09 22:15:57 2025 Iowa Code 2026, Chapter 321J (48, 3)
15 OPERATING WHILE INTOXICATED, §321J.10\n\nofficer who requested or directed the administration of a chemical test may, on behalf of the
department, serve immediate notice of intention to revoke and of revocation on a person
who refuses to permit chemical testing. If the peace officer serves immediate notice, the
peace officer shall take the Iowa license or permit of the driver, if any, and issue a temporary
license effective for ten days. The peace officer shall immediately send the person’s license
to the department along with the officer’s certificate indicating the person’s refusal to submit
to chemical testing.
86 Acts, ch 1220, §9; 95 Acts, ch 48, §16; 97 Acts, ch 177, §14; 98 Acts, ch 1073, §9; 2001
Acts, ch 32, §47; 2010 Acts, ch 1097, §8; 2018 Acts, ch 1110, §5, 9; 2021 Acts, ch 98, §5; 2024
Acts, ch 1050, §4, 10, 11
Referred to in §321.211A, 321J.2, 321J.4, 321J.6, 321J.8, 321J.10, 321J.13, 915.80
2024 amendment to subsection 2 effective January 1, 2025, and applies to driver’s license revocations under chapter 321J for which the
underlying offense occurred on or after that date; 2024 Acts, ch 1050, §10, 11
\n
Notes of Decisions
State of Iowa v. Dale Dean Pettijohn Jr., 899 N.W.2d 1 (Iowa 2017).
· cites it 4× “See Iowa Code §§ 321J.9(1), .17(1). Now ask yourself, which is a more serious consequence for refusal: (1) losing your driver’s license for a year and having to pay $200, or (2) being unable to operate a boat for a year and having to pay $500? I think the vast majority of…”
State v. Fischer, 785 N.W.2d 697 (Iowa 2010).
· cites it 2× “2d 499, 501 (Iowa 2008); see also Iowa Code § 321J.9 (pro *701 hibiting a chemical test after a driver has refused the officer’s request).”
State of Iowa v. John Arthur Senn Jr., 882 N.W.2d 1 (Iowa 2016).
“At the hearing, Senn’s counsel narrowed his motion to the right to counsel 2See Iowa Code §§ 321J.9(1)(b), .12(1)(b). 7 under the Iowa Constitution.”
State of Iowa v. Carrie McIver, 858 N.W.2d 699 (Iowa 2015).
“Iowa Code § 321J.9. The implied consent law establishes the process and procedure to obtain a chemical test.”
State v. Rains, 574 N.W.2d 904 (Iowa 1998).
· cites it 2× “See Iowa Code § 321J.9 (providing that refusal to submit to testing requires revocation of license and not providing for forced production of a sample).”
State v. Johnson, 744 N.W.2d 340 (Iowa 2008).
“Iowa Code § 321J.9. However, withdrawal of a specimen of blood, breath, or urine for chemical testing is permitted over the individual’s objection pursuant to a search warrant when a traffic accident has resulted in death or injury reasonably likely to cause death, and there are…”
State v. Garcia, 756 N.W.2d 216 (Iowa 2008).
“2d 499, 501 (Iowa 2008); see also Iowa Code § 321J.9 (“If a person refuses to submit to the chemical testing, a test shall not be given.”
Shriver v. Iowa Dep't of Transp., Motor Veh. Div., 430 N.W.2d 921 (Iowa 1988).
· cites it 3× “” See Iowa Code § 321J.9. Without such a previous revocation, the revocation period for the present incident would have been for a period of 240 days.”
State v. Lovig, 675 N.W.2d 557 (Iowa 2004).
“See Iowa Code § 321J.9 (refusal to submit to chemical testing).”
— Iowa Code § 321J.9(1) — 16 cases
State of Iowa v. Dale Dean Pettijohn Jr., 899 N.W.2d 1 (Iowa 2017).
“See Iowa Code §§ 321J.9(1), .17(1). Now ask yourself, which is a more serious consequence for refusal: (1) losing your driver’s license for a year and having to pay $200, or (2) being unable to operate a boat for a year and having to pay $500? I think the vast majority of…”
State v. Fischer, 785 N.W.2d 697 (Iowa 2010).
“2d 499, 501 (Iowa 2008); see also Iowa Code § 321J.9 (pro *701 hibiting a chemical test after a driver has refused the officer’s request).”
State v. Rains, 574 N.W.2d 904 (Iowa 1998).
“See Iowa Code § 321J.9 (providing that refusal to submit to testing requires revocation of license and not providing for forced production of a sample).”
— Iowa Code § 321J.9(1)(a) — 3 cases
State of Iowa v. Dale Dean Pettijohn Jr., 899 N.W.2d 1 (Iowa 2017).
“See Iowa Code §§ 321J.9(1), .17(1). Now ask yourself, which is a more serious consequence for refusal: (1) losing your driver’s license for a year and having to pay $200, or (2) being unable to operate a boat for a year and having to pay $500? I think the vast majority of…”
— Iowa Code § 321J.9(1)(b) — 3 cases
State of Iowa v. John Arthur Senn Jr., 882 N.W.2d 1 (Iowa 2016).
“At the hearing, Senn’s counsel narrowed his motion to the right to counsel 2See Iowa Code §§ 321J.9(1)(b), .12(1)(b). 7 under the Iowa Constitution.”
— Iowa Code § 321J.9(2) — 2 cases
— Iowa Code § 321J.9(4) — 1 case
— Iowa Code § 321J.9(l) — 1 case
— Iowa Code § 321J.9(l)(a) — 1 case
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