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Code · Iowa · Chapter 321J — Operating While Intoxicated

321J.17A Compliance-based removal.

323 words·~1 min read·/ia/chapter-321j-operating-while-intoxicated/321j-17a

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

1. The period of time a person is required to maintain an ignition interlock device under section 321J.17 or 321J.20 shall be extended by an additional sixty days per occurrence for any of the following occurrences detected by an ignition interlock device:
a. Ten or more violations within a thirty-day period.
b. Five or more violations within a twenty-four-hour period.
c. Tampering with or attempting to circumvent the ignition interlock device.
d. Removing the ignition interlock device without authorization.
2. Nothing in this section limits the number of subsequent extensions a person may receive following an occurrence detected by an ignition interlock device.
3. The department shall develop an electronic process in which an approved ignition interlock device provider is able to identify the start date of a driver’s license revocation and to provide notice of any violations and a final compliance report to the department.
4. a. For purposes of this section, a violation includes any of the following:
(1)Failing to provide a detectable breath sample to the ignition interlock device when prompted by the device.
(2)Providing a breath sample to an ignition interlock device with an alcohol concentration of .04 or more.
b. Notwithstanding paragraph “a”, it is not a violation under this section if a person provides a detectable breath sample and successfully passes a test immediately following the first failed test or in response to a bypass or circumvention attempt as described in paragraph “a”, and a violation shall not be reported.
5. The department shall adopt rules pursuant to chapter 17A prescribing the form and manner of communication pursuant to this section, and may otherwise adopt rules as necessary to administer this section.
2024 Acts, ch 1050, §7, 10, 11
Referred to in §321J.4, 321J.17
Section 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
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