Read the full stored bill text
House
File
635
-
Introduced
HOUSE
FILE
635
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HF
457)
A
BILL
FOR
An
Act
relating
to
the
driver’s
license
revocation
effective
1
date
following
an
operating-while-intoxicated
violation
or
2
refusal
to
test.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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635
Section
1.
Section
321J.9,
subsection
4,
Code
2025,
is
1
amended
to
read
as
follows:
2
4.
The
effective
date
of
revocation
shall
be
ten
twenty
days
3
after
the
department
has
mailed
notice
of
revocation
to
the
4
person
by
first
class
mail,
notwithstanding
chapter
17A
.
The
5
peace
officer
who
requested
or
directed
the
administration
of
a
6
chemical
test
may,
on
behalf
of
the
department,
serve
immediate
7
notice
of
intention
to
revoke
and
of
revocation
on
a
person
8
who
refuses
to
permit
chemical
testing.
If
the
peace
officer
9
serves
immediate
notice,
the
peace
officer
shall
take
the
Iowa
10
license
or
permit
of
the
driver,
if
any,
and
issue
a
temporary
11
license
effective
for
ten
twenty
days.
The
peace
officer
shall
12
immediately
send
the
person’s
license
to
the
department
along
13
with
the
officer’s
certificate
indicating
the
person’s
refusal
14
to
submit
to
chemical
testing.
15
Sec.
2.
Section
321J.12,
subsections
3
and
4,
Code
2025,
are
16
amended
to
read
as
follows:
17
3.
The
effective
date
of
the
revocation
shall
be
ten
twenty
18
days
after
the
department
has
mailed
notice
of
revocation
to
19
the
person
by
first
class
mail,
notwithstanding
chapter
17A
.
20
The
peace
officer
who
requested
or
directed
the
administration
21
of
the
chemical
test
may,
on
behalf
of
the
department,
serve
22
immediate
notice
of
revocation
on
a
person
whose
test
results
23
indicated
the
presence
of
a
controlled
substance
or
other
drug,
24
or
an
alcohol
concentration
equal
to
or
in
excess
of
the
level
25
prohibited
by
section
321J.2
,
or
a
combination
of
alcohol
and
26
another
controlled
substance
or
drug
in
violation
of
section
27
321J.2
.
28
4.
If
the
peace
officer
serves
that
immediate
notice,
the
29
peace
officer
shall
take
the
person’s
Iowa
license
or
permit,
30
if
any,
and
issue
a
temporary
license
valid
only
for
ten
twenty
31
days.
The
peace
officer
shall
immediately
send
the
person’s
32
driver’s
license
to
the
department
along
with
the
officer’s
33
certificate
indicating
that
the
test
results
indicated
the
34
presence
of
a
controlled
substance
or
other
drug,
or
an
alcohol
35
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635
concentration
equal
to
or
in
excess
of
the
level
prohibited
by
1
section
321J.2
.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
Under
current
law,
a
person
who
operates
a
motor
vehicle
6
in
a
manner
that
gives
reasonable
grounds
to
believe
that
7
the
person
is
operating
while
intoxicated
(OWI)
is
deemed
8
to
have
given
consent
to
the
withdrawal
of
specimens
of
the
9
person’s
blood,
breath,
or
urine
and
to
a
chemical
test
of
the
10
specimens
to
determine
the
alcohol
concentration
or
presence
11
of
a
controlled
substance
or
other
drugs.
The
department
of
12
transportation
(DOT)
is
required
to
revoke
the
driver’s
license
13
of
a
person
if
the
results
of
a
test
indicate
an
OWI
violation
14
or
if
the
person
refuses
to
provide
a
specimen
for
testing.
15
The
revocation
begins
10
days
after
notice
of
the
revocation
is
16
mailed
by
the
DOT
or
immediately
served
by
the
peace
officer
17
who
requested
chemical
testing.
If
a
peace
officer
serves
18
immediate
notice
of
the
revocation,
the
officer
must
take
the
19
driver’s
license
and
issue
a
temporary
driver’s
license
valid
20
for
10
days.
21
This
bill
extends
the
period
before
an
OWI
driver’s
license
22
revocation
begins,
and
extends
the
validity
of
a
temporary
23
driver’s
license
issued
following
an
OWI
revocation,
from
10
24
days
to
20
days
after
notice
is
served.
25
The
bill
does
not
amend
the
10-day
periods
for
a
person
to
26
request
a
hearing
or
challenge
the
decision
of
the
DOT
director
27
on
an
OWI
driver’s
license
revocation.
28
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