321J.11 Taking sample for test.
1. Only a licensed physician, licensed physician assistant as defined in section 148C.1, medical technologist, or registered nurse, acting at the request of a peace officer, may withdraw a specimen of blood for the purpose of determining the alcohol concentration or the presence of a controlled substance or other drugs. However, any peace officer, using devices and methods approved by the commissioner of public safety, may take a specimen of a person’s breath or urine for the purpose of determining the alcohol concentration, or may take a specimen of a person’s urine for the purpose of determining the presence of a controlled substance or other drugs. Only new equipment kept under strictly sanitary and sterile conditions shall be used for drawing blood.
2. The person may have an independent chemical test or tests administered at the person’s own expense in addition to any administered at the direction of a peace officer. The failure or inability of the person to obtain an independent chemical test or tests does not preclude the admission of evidence of the results of the test or tests administered at the direction of the peace officer. Upon the request of the person who is tested, the results of the test or tests administered at the direction of the peace officer shall be made available to the person.
86 Acts, ch 1220, §11; 88 Acts, ch 1225, §26; 98 Acts, ch 1138, §19; 2018 Acts, ch 1041, §127
Referred to in §321J.10, 321J.10A
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.