321J.25 Youthful offender substance use disorder awareness program.
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/ia/chapter-321j-operating-while-intoxicated/321j-25A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. As used in this section, unless the context otherwise requires:
a. “Participant” means a person whose driver’s license or operating privilege has been revoked for a violation of section 321J.2A.
b. “Program” means a substance use disorder awareness program, licensed under chapter 125, and provided under a contract entered into between the provider and the department of health and human services or an administrative services organization as defined in section 225A.1.
c. “Program coordinator” means a person assigned the duty to coordinate a participant’s activities in a program by the program provider.
2. A substance use disorder awareness program is established in each behavioral health district designated pursuant to section 225A.4. The program shall consist of an insight class and a substance use disorder evaluation, which shall be attended by the participant, to discuss issues related to the potential consequences of substance use disorder. The parent or parents of the participant shall also be encouraged to participate in the program. The program provider shall consult with the participant or the parents of the participant in the program to determine the timing and appropriate level of participation for the participant and any participation by the participant’s parents.
The program may also include a supervised educational tour by the participant to any or all of the following:
a. A hospital or other emergency medical care facility which regularly receives victims of motor vehicle accidents, to observe treatment of appropriate victims of motor vehicle accidents involving intoxicated drivers, under the supervision of a registered nurse, physician, paramedic, or emergency medical technician.
b. A facility for the treatment of persons with a substance use disorder as defined in section 125.2, under the supervision of appropriately licensed medical personnel.
c. If approved by the state or county medical examiner, a morgue or a similar facility to receive appropriate educational material and instruction concerning damage caused by the consumption of alcohol or other drugs, under the supervision of the county medical examiner or deputy medical examiner.
3. If the program includes a tour, the program coordinator shall explain and discuss the experiences which may be encountered during the tour to the participant. If the program coordinator determines at any time before or during a tour that the tour may be traumatic or otherwise inappropriate for the participant, the program coordinator shall terminate the tour without prejudice to the participant.
4. Upon the revocation of the driver’s license or operating privileges of a person who is fourteen years of age or older for a violation of section 321J.2A, if the person has had no previous revocations under either section 321J.2 or section 321J.2A, a person may participate in the substance use disorder awareness program. The state department of transportation shall notify a potential program participant of the possibility and potential benefits of attending a program and shall notify a potential program participant of the availability of programs which exist in the area in which the person resides.
The state department of transportation shall consult with the department of health and human services to determine what programs are available in various areas of the state.
5. Program providers and facilities toured during the program are not liable for any civil damages resulting from injury to the participant, or civil damages caused by the participant during or from any activities related to a tour, except for willful or grossly negligent acts intended to, or reasonably expected to result in, such injury or damage.
6. The program provider shall determine fees to be paid by participants in the program. The program fees shall be paid on a sliding scale, based upon the ability of a participant and a participant’s family to pay the fees, and shall not exceed one hundred dollars per participant. The program provider shall use the fees to pay all costs associated with the program.
95 Acts, ch 143, §8; 97 Acts, ch 177, §25; 98 Acts, ch 1073, §9; 2005 Acts, ch 175, §121, 122; 2013 Acts, ch 90, §87; 2023 Acts, ch 19, §1078; 2024 Acts, ch 1161, §109, 110, 137
§321J.25, OPERATING WHILE INTOXICATED 2
Subsection 1, paragraph b amended
Subsection 2, unnumbered paragraph 1 amended