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Code · Iowa · Chapter 321J — Operating While Intoxicated

321J.1 Definitions.

316 words·~1 min read·/ia/chapter-321j-operating-while-intoxicated/321j-1

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in this chapter unless the context otherwise requires:
1. “Alcohol concentration” means the number of grams of alcohol per any of the following:
a. One hundred milliliters of blood.
b. Two hundred ten liters of breath.
c. Sixty-seven milliliters of urine.
2. “Alcoholic beverage” includes alcohol, wine, spirits, beer, or any other beverage which contains ethyl alcohol and is fit for human consumption.
3. “Arrest” includes but is not limited to taking into custody pursuant to section 232.19.
4. “Controlled substance” means any drug, substance, or compound that is listed in section 124.204 or 124.206, or any metabolite or derivative of the drug, substance, or compound.
5. “Department” means the state department of transportation.
6. “Director” means the director of transportation or the director’s designee.
7. “Driver’s license” means any license or permit issued to a person to operate a motor vehicle on the highways of this state, including but not limited to a driver’s, commercial driver’s, temporary restricted, or temporary license and an instruction, chauffeur’s instruction, commercial learner’s, or temporary permit.
8. “Peace officer” means:
a. A member of the state patrol.
b. A police officer under civil service as provided in chapter 400.
c. A sheriff.
d. A regular deputy sheriff who has had formal police training.
e. Any other law enforcement officer who has satisfactorily completed an approved course relating to motor vehicle operators under the influence of alcoholic beverages at the Iowa law enforcement academy or a law enforcement training program approved by the department of public safety.
9. “Serious injury” means the same as defined in section 702.18.
86 Acts, ch 1220, §1; 90 Acts, ch 1230, §83; 98 Acts, ch 1073, §9; 98 Acts, ch 1074, §27; 98 Acts, ch 1138, §10; 2001 Acts, ch 132, §16; 2005 Acts, ch 35, §31; 2010 Acts, ch 1073, §2; 2015 Acts, ch 123, §70
Referred to in §321.208, 321J.2A, 668.15A
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