Bill > SF2082

Introduced Session

Under current law, a person who operates a motor vehicle under circumstances which give reasonable grounds to believe that the person was operating the motor vehicle while under the influence of alcohol or a drug is deemed to have given consent to the withdrawal of a specimen of the person’s blood, breath, or urine and to chemical tests of the specimen for the purpose of determining the alcohol concentration or presence of drugs (implied consent). The withdrawal of a specimen and the tests must 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 Code section 321J.2 or 321J.2A (operating while intoxicated), and if certain conditions exist, including when the person has been involved in a motor vehicle accident or collision resulting in personal injury or death. A refusal to submit to chemical testing when required under implied consent subjects a person to administrative penalties, including but not limited to a driver’s license revocation for at least one year for a first revocation and two years for a subsequent revocation. This bill implements implied consent to test persons who were operating a motor vehicle and were involved in a motor vehicle accident or collision resulting in death without the requirement that a peace officer have reasonable grounds to believe that the person was operating a motor vehicle in violation of Code section 321J.2 or 321J.2A, and makes conforming changes. Therefore, under the bill, such persons are subject to the existing administrative penalties under law for submitting or refusing to submit to a test when required under implied consent. The bill does not amend the authorizations under current law to test persons involved in a motor vehicle accident or collision resulting in death despite a refusal to submit to a test under implied consent, including Code section 321J.10 (tests pursuant to warrants), which requires reasonable grounds to believe the person was operating while intoxicated at the time of the accident, and Code section 321J.10A (blood, breath, or urine specimen withdrawal without a warrant), which requires the person to be under arrest for an offense arising out of acts alleged to have been committed while the person was operating while intoxicated, in addition to other circumstances.

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Jesse Green (R)*, 

Subcommittee: Kraayenbrink, Townsend, and Zumbach. (on 01/26/2026)

Official Document