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Iowa

Felony DUI

Third offense

DUID Zero Tolerance and Per Se Laws

Zero tolerance for some drugs

Cannabis Drug-Impaired Driving Laws

Zero tolerance for THC only

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.15

DUI Look-back Periods

Twelve years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

No Statutory Authority

Habitual Offender Designation

Habitual Offender Law Enacted

Drug Evaluation and Classification Program

101-150 DREs

DUI Courts - Standalone

1-5 DUI Courts

DUI Courts - Hybrid

6-10 Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Non-psychoactive Medical Cannabis (i.e., Cannabidiol - CBD)

DUID: Implied Consent Testing Methods

Blood and urine

DUID Affirmative Defense

Affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

None

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

active

2017 New Impaired Driving and Underage Drinking Laws

No legislation passed

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Legislation & Court Rule/Order

Top Detected Drug Category by State (2019)

Cannabis

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Combination (judicial or administrative)

False Identification - Point-of-Sale Policies

Distinctive License & Seizure Law

No Refusal Programs

Lacks authorization

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

321J.6 - Learn More
A person who operates a motor vehicle in this state under circumstances which give reasonable grounds to believe that the person has been operating a motor vehicle in violation of section 321J.2 or 321J.2A is deemed to have given consent to the withdrawal of specimens of the person's blood, breath, or urine and to a chemical test or tests of the specimens for the purpose of determining the alcohol concentration or presence of a controlled substance or other drugs…

Blood

321J.6 - Learn More
A person who operates a motor vehicle in this state under circumstances which give reasonable grounds to believe that the person has been operating a motor vehicle in violation of section 321J.2 or 321J.2A is deemed to have given consent to the withdrawal of specimens of the person's blood, breath, or urine and to a chemical test or tests of the specimens for the purpose of determining the alcohol concentration or presence of a controlled substance or other drugs…

Urine

321J.6 - Learn More
A person who operates a motor vehicle in this state under circumstances which give reasonable grounds to believe that the person has been operating a motor vehicle in violation of section 321J.2 or 321J.2A is deemed to have given consent to the withdrawal of specimens of the person's blood, breath, or urine and to a chemical test or tests of the specimens for the purpose of determining the alcohol concentration or presence of a controlled substance or other drugs…

Oral Fluids

No Data Available
No Data Available

Other

No Data Available
No Data Available

DUI Statutes

Drugs

321J.2 - Learn More
A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions: a. While under the influence of an alcoholic beverage or other drug or a combination of such substances. b. While having an alcohol concentration of .08 or more. c. While any amount of a controlled substance is present in the person, as measured in the person's blood or urine.

Combined/Multiple Substance

321J.2 - Learn More
A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions: a. While under the influence of an alcoholic beverage or other drug or a combination of such substances. b. While having an alcohol concentration of .08 or more. c. While any amount of a controlled substance is present in the person, as measured in the person's blood or urine.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

321J.9 see also 321J.4, 321J.9, and 321J.17 - Learn More
License revocation for one year (first offense) or two years (second or subsequent offense); civil penalty; ignition interlock device; finaical responsibility requirements

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes
"If a person refuses to submit to a chemical test, proof of refusal is admissible in any civil or criminal action or proceeding 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.” Iowa Code section 321J.16

Criminal Trial

Yes
“If a person refuses to submit to a chemical test, proof of refusal is admissible in any civil or criminal action or proceeding 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.” Iowa Code section 321J.16

ALR Laws

Cannabis

321J.2 see also 321J.4 and 321J.12- Learn More
Same as alcohol or other drugs

Length/Time of Restriction

321J.2 - Learn More
First offense: 180 days (test) - 1 year (refusal)
Second offense: 1 Year (test) - 2 years (refusal)
Third and subsequent offense: 6 years

Hardship License Available

321J.20 - Learn More
Must meet the financial responsibility requirements, pass the vision screening and knowledge test (depends), and pay a reinstatement fee. Ignition interlock device must be installed if license revoked for OWI.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

321J.2 see also 321J.4, 321J.9, 321J.12 and 321J.20- Learn More
Interlock required for temporary restricted license for all OWI offenses

Other Drugs

321J.2 see also 321J.4, 321J.9, 321J.12 and 321J.20 - Learn More
Interlock required for temporary restricted license for all OWI offenses

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No
Zero tolerance under 21 for alcohol only (.02 BAC). See 321J.2A - Learn More

Cannabis Per Se Statute

321J.2 - Learn More
Zero tolerance for THC

Threshold

Zero
see 321J.2 (“The department of public safety shall adopt nationally accepted standards for determining detectable levels of controlled substances in the division of criminal investigation’s initial laboratory screening test for controlled substances.”) and Iowa Administrative Code 661—157.7

Nanogram Limit

Zero

DUI Standards

In Iowa, it is illegal to operate a motor vehicle while any amount of a controlled substance is present in the person, as measured in the person's blood or urine.

Provisions for Screening Cannabis/Assessment/Education/Treatment

321J.2 - Learn More
All impaired driving conviction penalties require substance abuse evaluation and treatment as necessary; not specific to cannabis

Additional Penalties

None

Cannabis Impaired Driving Penalties

321J.2 - Learn More
First offense (serious misdemeanor): up to $1,250 fine or community service; 48 hours to 1 year in jail (may be deferred/suspended); 180 days (minimum) 1-year (maximum)
Second offense (aggravated misdemeanor):$1,875 to $6,250 fine or community service; 7 days jail (mandatory) up to 2 years; 1 year (minimum) 2-year (maximum) driver license revocation; substance abuse evaluation and treatment as necessary
Third and subsequent offense (class "D" felony): $3,125 to $9,375 fine; 30 days jail (mandatory) up to 5 years; 6-year driver license revocation; substance abuse evaluation and treatment as necessary

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

Yes
A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions: a. While under the influence of an alcoholic beverage or other drug or a combination of such substances. See 321J.2 - Learn More

Penalties for Multiple Substance/Multiple Substance Impaired Driving

No special penalties

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

726.6 - Learn More
Anyone charged with impaired driving can also be charged with child endangerment under this statute

Statutes with THC Listed as Delta 8, 9, 10, or 11

Attorney General’s statement on hemp and CBD -productsLearn More
Clarifies the state’s stance on Tetrahydrocannabinols.

Electronic Warrant Program

Statewide

Currently, there is an electronic search warrant pilot project, that includes 14 counties.Learn More

By Locality

See statewide

Law Enforcement Phlebotomy Program

None

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

None

Underage Cannabis Laws and Penalties

Underage Possession

124.401; 124.204 - Learn More
Same statute as for adults, but penalties may vary in Juvenile Court

Underage Consumption
Underage Purchase
Underage Attempt to Purchase

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

Registered patients and caregivers are allowed to purchase medical CBD products from a state-licensed dispensary. Iowa specifies the allowed forms of CBD medication as well as the CBD to THC ratios. See 124E

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

123.47, 124.407 (unlawful gathering) - Learn More
Alcohol only - not specific to cannabis or other drugs.
“It is unlawful for any person to sponsor, promote, or aid, or assist in the sponsoring or promoting of a meeting, gathering, or assemblage with the knowledge or intent that a controlled substance be there distributed, used, or possessed, in violation of this chapter.”

Drugs

123.47, 124.407 (unlawful gathering) - Learn More
Alcohol only - not specific to cannabis or other drugs.
“It is unlawful for any person to sponsor, promote, or aid, or assist in the sponsoring or promoting of a meeting, gathering, or assemblage with the knowledge or intent that a controlled substance be there distributed, used, or possessed, in violation of this chapter.”

Penalties for Retailers Who Knowingly Sell to People Under 21

124.406 - Learn More
If a person over the age of 18 distributes marijuana to someone under the age of 18 this constitutes a Class B felony punishable by a fine of $5,000-$100,000 and up to 25 years of imprisonment, in addition a mandatory minimum term of 5 years will apply.

Other

No Data Available