321J.8 Statement of officer.
1. A person who has been requested to submit to a chemical test shall be advised by a peace officer of the following:
a. If the person refuses to submit to the test, the person’s driver’s license or nonresident operating privilege will be revoked by the department as required by and for the applicable period specified under section 321J.9.
b. If the person submits to the test and the results indicate the presence of a controlled substance or other drug, or an alcohol concentration equal to or in excess of the level prohibited by section 321J.2 or 321J.2A, the person’s driver’s license or nonresident operating privilege will be revoked by the department as required by and for the applicable period specified under section 321J.12.
c. (1) If the person is operating a commercial motor vehicle as defined in section 321.1 and either refuses to submit to the test or submits to the test and the results indicate an alcohol concentration of 0.04 or more, the person is disqualified from operating a commercial motor vehicle for the applicable period under section 321.208 in addition to any revocation of the person’s driver’s license or nonresident operating privilege which may be applicable under this chapter.
(2) If the person is operating a noncommercial motor vehicle and holding a commercial driver’s license or commercial learner’s permit as defined in section 321.1 and either refuses to submit to the test or submits to the test and the results indicate the presence of a controlled substance or other drug or an alcohol concentration equal to or in excess of the level prohibited by section 321J.2, the person is disqualified from operating a commercial motor vehicle for the applicable period under section 321.208 in addition to any revocation of the person’s driver’s license or nonresident operating privilege which may be applicable under this chapter.
2. This section does not apply in any case involving a person described in section 321J.7.
86 Acts, ch 1220, §8; 90 Acts, ch 1230, §86; 95 Acts, ch 48, §15; 98 Acts, ch 1073, §9; 98 Acts, ch 1138, §17; 2007 Acts, ch 69, §1; 2009 Acts, ch 130, §14; 2015 Acts, ch 123, §71
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.