Third offense
Zero tolerance for some drugs
Zero tolerance for THC only
Enhanced penalties
0.15
Twelve years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative penalties
Pilot Program Implemented
ALS/ALR law enacted
No Statutory Authority
Habitual Offender Law Enacted
101-150 DREs
1-5 DUI Courts
6-10 Hybrid Courts
No cannabis open container law
Non-psychoactive Medical Cannabis (i.e., Cannabidiol - CBD)
Blood and urine
Affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
No low BAC provisions
active
Mandatory high-BAC and repeat offender
Legislation & Court Rule/Order
Cannabis
Combination (judicial or administrative)
Distinctive License & Seizure Law
Lacks authorization
Oral fluid testing authorized
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…
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…
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…
No Data Available
No Data Available
No Data Available
No Data Available
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.
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.
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
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
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
321J.2 see also 321J.4 and 321J.12- Learn More
Same as alcohol or other drugs
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
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.
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
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
Yes, cannabis is illegal for individuals of all ages. - Learn More
321J.2 - Learn More
Zero tolerance for THC
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
Zero
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.
321J.2 - Learn More
All impaired driving conviction penalties require substance abuse evaluation and treatment as necessary; not specific to cannabis
None
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
Yes
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
No special penalties
726.6 - Learn More
Anyone charged with impaired driving can also be charged with child endangerment under this statute
Attorney General’s statement on hemp and CBD -productsLearn More
Clarifies the state’s stance on Tetrahydrocannabinols.
Currently, there is an electronic search warrant pilot project, that includes 14 counties.Learn More
See statewide
None
No Data Available
No Data Available
No Data Available
No Data Available
None
124.401; 124.204 - Learn More
Same statute as for adults, but penalties may vary in Juvenile Court
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
No Data Available
No Data Available
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.”
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.”
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.
No Data Available