321J.10A Blood, breath, or urine specimen withdrawal without a warrant.
1. Notwithstanding section 321J.10, if a person is under arrest for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle in violation of section 321J.2 or 321J.2A, and that arrest results from an accident that causes a death or personal injury reasonably likely to cause death, a chemical test of blood may be administered without the consent of the person arrested to determine the amount of alcohol or a controlled substance in that person’s blood if all of the following circumstances exist:
a. The peace officer reasonably believes the blood drawn will produce evidence of intoxication.
b. The method used to take the blood sample is reasonable and performed in a reasonable manner by medical personnel under section 321J.11.
c. The peace officer reasonably believes the officer is confronted with an emergency situation in which the delay necessary to obtain a warrant under section 321J.10 threatens the destruction of the evidence.
2. If the person from whom a specimen of blood is to be withdrawn objects to the withdrawal, a breath or urine sample may be taken under the following circumstances:
a. If the person is capable of giving a specimen of breath, and a direct breath testing instrument is readily available, the withdrawal of a specimen of the person’s breath may be taken for chemical testing, unless the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug.
b. If the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug, a urine sample shall be collected in lieu of a blood sample, if the person is capable of giving a urine sample and the sample can be collected.
2004 Acts, ch 1098, §1
Structure Iowa Code
Chapter 321J - OPERATING WHILE INTOXICATED
Section 321J.1A - Drunk driving public education campaign — pamphlets.
Section 321J.2A - Persons under the age of twenty-one.
Section 321J.2B - Parental and school notification — persons under eighteen years of age.
Section 321J.3 - Substance abuse evaluation or treatment — rules.
Section 321J.4 - Revocation of license — ignition interlock devices — temporary restricted license.
Section 321J.4A - Surrender of registration and plates.
Section 321J.5 - Preliminary screening test.
Section 321J.6 - Implied consent to test.
Section 321J.7 - Dead or unconscious persons.
Section 321J.8 - Statement of officer.
Section 321J.9 - Refusal to submit — revocation.
Section 321J.10 - Tests pursuant to warrants.
Section 321J.10A - Blood, breath, or urine specimen withdrawal without a warrant.
Section 321J.11 - Taking sample for test.
Section 321J.12 - Test result revocation.
Section 321J.13 - Hearing on revocation — appeal.
Section 321J.14 - Judicial review.
Section 321J.15 - Evidence in any action.
Section 321J.16 - Proof of refusal admissible.
Section 321J.17 - Civil penalty — disposition — conditions for license reinstatement.
Section 321J.18 - Other evidence.
Section 321J.19 - Information relayed to other states.
Section 321J.20 - Temporary restricted license— ignition interlock devices.
Section 321J.21 - Driving while license suspended, denied, revoked, or barred.
Section 321J.22 - Drinking drivers course.
Section 321J.23 - Legislative findings.
Section 321J.24 - Court-ordered visitation for offenders — immunity from liability.
Section 321J.25 - Youthful offender substance abuse awareness program.