Title 17, Motor And Other Vehicles

[§291E-14] Consent of person incapable of refusal not withdrawn. The consent of a person deemed to have given the person's consent pursuant to section 291E-11 shall not be withdrawn by reason of the person's being dead, unconscious, or in any other condition that renders the pers…

§291E-15 Refusal to submit to breath, blood, or urine test; subject to administrative revocation proceedings. If a person under arrest refuses to submit to a breath, blood, or urine test, none shall be given, except as provided in section 291E-21, or pursuant to a search warrant …

[§291E-17] Other evidence not excluded. This part shall not limit the introduction of any other competent evidence bearing on the question of whether the person was under the influence of an intoxicant or was operating a vehicle while under the age of twenty-one and after consumi…

[§291E-18] Test results to be collected. The results of any test for intoxicants made upon any person, including any person who has been fatally injured in a traffic collision or the operator of a vehicle involved in a collision that resulted in another person's death, shall be s…

§291E-19 Authorization to establish intoxicant control roadblock programs. The police departments of the respective counties may establish and implement intoxicant control roadblock programs in accordance with the minimum standards and guidelines provided in section 291E-20. The …

[§291E-2] Medical services. The several county and state government physicians shall, or any other qualified person may, make whatever tests and analyses as may be requested of them by any law enforcement officer in connection with the determination of whether a person is or was …

[§291E-20] Minimum standards for roadblock procedures. (a) Every intoxicant control roadblock program shall: (b) Nothing in this section shall prohibit the establishment of procedures to make roadblock programs less intrusive than required by the minimum standards provided in thi…

§291E-21 Applicable scope of part; mandatory testing in the event of a collision resulting in injury or death. (a) Nothing in this part shall be construed to prevent a law enforcement officer from obtaining a sample of breath, blood, or urine, from the operator of any vehicle inv…

[§291E-22] Presence of drugs or metabolic products; admissibility. Any results reflecting the presence of drugs or metabolic products obtained from a blood or urine specimen obtained under this part shall not be admissible in any proceeding brought under chapter 329 or 712. [L 20…

§291E-3 Evidence of intoxication. (a) In any criminal prosecution for a violation of section 291E-61 or 291E-61.5 or in any proceeding under part III: within three hours after the time of the alleged violation as shown by chemical analysis or other approved analytical techniques …

PART III. ADMINISTRATIVE REVOCATION PROCESS §291E-31 Notice of administrative revocation; effect. As used in this part, the notice of administrative revocation:

§291E-32 Criminal prosecution. (a) Criminal prosecution under section 291E-61 or 291E-61.5 may be commenced concurrently with administrative revocation proceedings under this part; provided that documentary and testimonial evidence provided by the respondent during the administra…

§291E-33 Probable cause determination; issuance of notice of administrative revocation; procedures. (a) Whenever a person is arrested for a violation of section 291E-61 or 291E-61.5 on a determination by the arresting law enforcement officer that: the law enforcement officer shal…

§291E-34 Notice of administrative revocation; contents. (a) The notice of administrative revocation shall provide, at a minimum and in clear language, the following general information relating to administrative revocation: (b) The notice, when completed by the law enforcement of…

§291E-35 Immediate restoration of license. (a) In cases involving an alcohol related offense, if a test conducted in accordance with part II and section 321‑161 and the rules adopted thereunder shows that a respondent had an alcohol concentration less than .08, the director or th…

§291E-36 Documents required to be submitted for administrative review; sworn statements. (a) Whenever a respondent has been arrested for a violation of section 291E-61 or 291E-61.5 and submits to a test that establishes: the respondent's alcohol concentration was .08 or more; the…

§291E-37 Administrative review; procedures; decision. (a) The director shall automatically review the issuance of a notice of administrative revocation and shall issue a written decision administratively revoking the license and privilege to operate a vehicle or rescinding the no…

§291E-38 Administrative hearing; procedure; decision. (a) If the director administratively revokes the respondent's license and privilege to operate a vehicle after the administrative review, the respondent may request an administrative hearing to review the decision within six d…

§291E-39 Fees and costs. The director may assess and collect a $30 fee from the respondent to cover the costs of processing the respondent's request for an administrative hearing. These costs include but shall not be limited to: the cost of photocopying documents; conditional lic…

§291E-4 Convictions and acts prior to January 1, 2002. (a) Any: shall be counted as a prior offense for purposes of section 291E-41, 291E-61, or 291E-61.5. (b) Any conviction of an offense under section 291-4, 291-4.4, 291-4.5, or 291-7 as those sections were in effect on Decembe…

[§291E-40] Judicial review; procedure. (a) If the director sustains the administrative revocation after an administrative hearing, the respondent, or parent or guardian of a respondent under the age of eighteen, may file a petition for judicial review within thirty days after the…

§291E-41 Effective date, conditions, and period of administrative revocation; criteria. (a) Unless an administrative revocation is reversed or the temporary permit is extended by the director, administrative revocation shall become effective on the day specified in the notice of …

§291E-42 Notice to other states. When a nonresident's driving and boating privileges, and motor vehicle registration if applicable, are administratively revoked under this part, the director shall:

[§291E-43] Administrative procedure act. Neither the administrative review nor the administrative hearing provided under this part shall be subject to the contested case requirements of chapter 91. The availability of administrative review of an order of administrative revocation…

§291E-44.5 Ignition interlock permits; driving for employment. (a) Except as provided in subsection (b), upon proof that the respondent has installed an ignition interlock device in any vehicle the respondent operates and obtained motor vehicle insurance or self-insurance that co…

§291E-45 Eligibility for relicensing and reregistration of motor vehicle. (a) To be eligible for relicensing or renewing the privilege to operate a vessel after a period of administrative revocation has expired, the person shall: (b) To be eligible for reregistration of a motor v…

[§291E-45.5] Repeat intoxicated driver after December 31, 2010; eligibility to obtain motor vehicle registration and number plates. Any repeat intoxicated driver arrested for a violation of section 291E-61 or 291E-61.5 after December 31, 2010, may request that the director remove…

§291E-46 Computation of time. The time in which any act provided in this part is to be done is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or state holiday, and then it also is excluded; provided that if the last day for …

[§291E-47] Failure to surrender number plates. Any person who has had the person's motor vehicle registration revoked pursuant to this part and subsequently fails to comply with an order to surrender all motor vehicle number plates issued to the person, pursuant to chapter 249, s…

§291E-48 Special motor vehicle registration. (a) Anytime after the effective date of revocation or after the administrative hearing decision is mailed pursuant to section 291E-38(i), a qualified household member or co-owner of a motor vehicle with a respondent who has had a motor…

[§291E-49] Transferring title to, or ownership interest in, vehicle prohibited; exceptions. (a) A registered owner shall not sell or transfer title to, or ownership interest in, a motor vehicle during the time period the motor vehicle's registration has been ordered revoked and n…

§291E-5 Ignition interlock user affordability. The director of transportation shall contract with the selected ignition interlock vendor to provide partial financial relief for the installation and the periodic calibration charges to offenders who apply for such assistance and wh…

[§291E-50] Notice to the department of land and natural resources of suspensions and revocations of operating privileges. The director shall notify the department of land and natural resources of all persons adjudicated of violations under this part and the period of suspension o…

§291E-6 Ignition interlock devices; certification. (a) The director of transportation shall establish and administer a statewide program relating to certification and monitoring of ignition interlock devices installed pursuant to chapter 291E and shall select a single vendor to i…

§291E-6.5 Continuous alcohol monitoring device; requirement; penalties. (a) Any person charged with a violation of section 291E-61 or 291E-61.5 as a result of having consumed alcohol: may be ordered to refrain from consuming any alcohol and submit to monitoring by a continuous al…

PART IV. PROHIBITED CONDUCT §291E-61 Operating a vehicle under the influence of an intoxicant. (a) A person commits the offense of operating a vehicle under the influence of an intoxicant if the person operates or assumes actual physical control of a vehicle: (b) [Repeal and reen…

§291E-61.5 Habitually operating a vehicle under the influence of an intoxicant. (a) A person commits the offense of habitually operating a vehicle under the influence of an intoxicant if: (b) Habitually operating a vehicle while under the influence of an intoxicant is a class C f…

[§291E-61.6] Petition for ignition interlock instruction permit and ignition interlock permit; eligibility; requirements. (a) This section shall apply to the following: (b) Any person under subsection (a) may file a petition in the district court for permission to apply for an ig…

§291E-62 Operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant; penalties. (a) No person whose license and privilege to operate a vehicle have been revoked, suspended, or otherwise restricted pu…

§291E-63 Records of suspensions and revocations of operating privileges to be maintained. The court shall notify the department of land and natural resources of any sanctions imposed for offenses or violations under this part and the period of suspension or revocation of operator…

§291E-64 Operating a vehicle after consuming a measurable amount of alcohol; persons under the age of twenty-one. (a) It shall be unlawful for any person under the age of twenty-one years to operate any vehicle with a measurable amount of alcohol. A law enforcement officer may ar…

§291E-65 Refusal to submit to testing for measurable amount of alcohol; district court hearing; sanctions; appeals; admissibility. (a) If a person under arrest for operating a vehicle after consuming a measurable amount of alcohol, pursuant to section 291E-64, refuses to submit t…

§291E-66 Circumvention of, or tampering with, an ignition interlock device by a person who has been restricted to operating a vehicle equipped with an ignition interlock device; penalties. (a) No person whose driving privileges have been restricted to operating a vehicle equipped…

[§291E-67] Assisting or abetting the circumvention of, or tampering with, an ignition interlock device; penalties. (a) No person shall knowingly: (b) Subsection (a) shall not apply to any act taken for the purpose of safety or mechanical repair of the device; provided that the pe…

§291E-7 Trauma system surcharge. (a) In addition to any other civil penalties ordered by the court, a person who violates any offense under this part may be ordered to pay a trauma system surcharge, provided that: (b) The surcharge shall not be ordered when the court determines t…

§291E-8 Drug and alcohol toxicology testing laboratory special fund; established. (a) There is established in the state treasury a drug and alcohol toxicology testing laboratory special fund, into which shall be deposited: (b) Moneys in the drug and alcohol toxicology testing lab…