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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Iowa Drugged Driving

In Iowa, a person is guilty of a DUI if he or she operates a motor vehicle while under the influence of an alcoholic beverage or other drug or a combination of such substances, or while detectable amounts of a controlled substance is present in the person, as measured in the person's blood or urine. Iowa Code Ann. § 321J.2 (1)(a),(c)(West 2010) (effective December 1, 2010). However, the statute further states: "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." Presently, such standards only exist for the carboxy THC metabolite urine, not for THC in blood. As a result, in practice, the law typically only criminalizes drivers who possess levels of carboxy THC metabolites in urine above 50 ng/ml.

NOTE: Actual impairment is not an element of this offense. Cannabis metabolites can be detected in a person's body for weeks after cannabis ingestion, thus it is possible to be convicted of this type of DUI weeks after a person last ingested cannabis.

Implied Consent

  • 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 while under the influence 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. Id. § 321J.6 (1).

  • Arrested persons may assert the right to consult counsel before deciding whether take test for impairment. Fuller v State Dept. of Transp., 275 NW2d 410 (1979).

  • 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 blood or urine test shall be required even after another type of test has been administered.Iowa Code Ann. § 321J.6(3) (West 2010).

  • Upon first withdraw of consent defendant shall be ineligible for a temporary restricted license for a minimum period of ninety days. Id. § 321J.2(3)(d). Upon the second refusal the defendant's license shall be revoked for a period of two years. Id. § 321J.2(4)(c).

  • A refusal to submit to a chemical test of blood is not deemed a refusal to submit, but in that case, the peace officer shall then determine which one of the other two substances shall be tested and shall offer the test. If the peace officer fails to offer a test within two hours after the preliminary screening test is administered or refused or the arrest is made, whichever occurs first, a test is not required, and there shall be no license revocation. Id. § 321J.6 (2).

Penalties

  • First offense serious misdemeanor - minimum period of imprisonment of forty-eight hours, but not to exceed one year (sentence may accommodate the defendant's work schedule); fine of up to one thousand two hundred fifty ($1,250) dollars; for a minimum period of one hundred eighty days up to a maximum revocation of one year. Id. § 321J.2(2)(a); Id. § 321J.2 (3).

    NOTE: deferred judgment not available if defendant refuses to submit sample for chemical testing Id. § 321J.2 (3)(b)(2)(d).

  • Second offense aggravated misdemeanor - minimum period of imprisonment of seven days but not to exceed two years; minimum fine of one thousand eight hundred fifty ($1,850) dollars and a maximum fine of six thousand two hundred fifty ($6,250) dollars (surcharges and fees shall be assessed); revocation of the defendant's driver's license for a period of one year (if a revocation occurs due to test refusal, the defendant's license shall be revoked for a period of two years); offender will be assigned to substance abuse evaluation and treatment. Id. § 321J.2(2)(b); Id. § 321J.2(4).

  • Third and subsequent offense class "D" felony – term of imprisonment not to exceed five years, with a mandatory minimum term of thirty days; minimum fine of three thousand one hundred twenty-five ($3,175) dollars and a maximum fine of nine thousand three hundred seventy-five ($9,375) dollars (surcharges and fees shall be assessed); license revocation for a period of six years; offender will be assigned to substance abuse evaluation and treatment. Id. § 321J.2(2)(c); Id. § 321J.2(5).

Sobriety Checkpoints

In Iowa, sobriety checkpoints are not permitted because statute authorizing roadblocks controls and does not authorize sobriety checkpoints. Id. § 321K.1.

  • Although court interpretation of statute does not allow sobriety checkpoint, DUI arrests may be made at roadblocks authorized by statute. State v. Day, 528 N.W.2d 100 (Iowa 1995).

  • Turning to avoid a checkpoint does not justify stop. State v. Heminover, WL 564049 (2000).

Per Se Drugged Driving Laws

Iowa has a zero tolerance per se drugged driving law enacted for cannabis and other controlled substances. Cannabis metabolites are excluded under the law. (Code of Iowa, Section 321J.2)

Iowa's law calls for mandatory imprisonment of 48 hours and not more than 12 months upon conviction for a first offense.

Iowa Penalties


Incarceration


Fine

Possession

Any amount (first offense)

misdemeanor

6 months

$1,000

Any amount (second offense)

misdemeanor

1 year

$1,500

Any amount (subsequent offense)

misdemeanor

2 years

$500 - $5,000

More than 28.5 g on school grounds while school open

misdemeanor

6 months

$500

Within 1,000 feet of school, or specified areas

Additional 100 hours community service

none

Possible conditional discharge for possession.

Sale or Cultivation

50 kg or less

felony

5 years

$750 - $7,500

50 to 100 kg

felony

10 years

$1,000 - $50,000

100 to 1,000 kg

felony

25 years

$5,000 - $100,000

More than 1,000 kg

felony

50 years

$1,000,000

To a minor

felony

5 years MMS* to 25 years

Within 1,000 feet of a school or park

felony

10 years MMS* to 25 years

*Mandatory minimum sentence.

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia possession or sale

misdemeanor

30 days

$50-$500

Any second or subsequent offense is punishable for up to 3 times the sentence for the first offense.
Driver's license suspended for up to 1 year for drug convictions

 

Details

 

The possession of any amount of marijuana is a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. For a second offense the penalties increase to up to one year in jail and a fine of up to $1,500. Subsequent offenses are punishable by up to two years and a fine of $500 - $5,000. There is the possibility for conditional discharge for possession charges. Possession within 1,000 feet of a school, public park, swimming pool or recreation center adds an additional 100 hours of community service to the sentence.

Manufacture or delivery of 50 kilograms or less of marijuana is punishable by up to five years in prison and a fine of $750 - $7,500. The penalty for manufacture or delivery of greater than 50 kilograms is up to ten years in prison and a fine of $1,000 - $50,000. Manufacture or delivery of greater than 100 kilograms is punishable by up to 25 years in prison and a fine of $5,000 - $100,000. For any manufacture or delivery of any amount greater than 1,000 kilograms the sentence can be up to 50 years in prison and a fine of up to $1,000,000.

Sale to a minor carries a five-year mandatory minimum sentence with a 25-year maximum sentence. Sale within 1,000 feet of a school or public park carries a 10-year mandatory minimum sentence with a 25-year maximum sentence.

Possession or sale of paraphernalia is a simple misdemeanor punishable by up to 30 days in jail and a fine of $50 - $500.

Second or subsequent offenses are punishable by up to three times the sentence for first offenses.

For juveniles convicted of drug charges, driver's licenses are suspended for up to one year.

 



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