Iowa Code § 321J.20

Current through March 29, 2024

Section 321J.20 - [Effective Until 1/1/2025] Temporary restricted license - ignition interlock devices

1. The department may, on application, issue a temporary restricted license to a person whose noncommercial driver's license is revoked under this chapter, or revoked or suspended under chapter 321 solely for violations of this chapter, or who has been determined to be a habitual offender under chapter 321 based solely on violations of this chapter or on violations listed in section 321.560, subsection 1, paragraph "b", allowing the person to operate a motor vehicle in any manner allowed for a person issued a valid class C driver's license, unless otherwise prohibited by this chapter. This subsection does not apply to a person whose license was revoked under section 321J.2A, to a person whose license was revoked under section 321J.4, subsection 6, for the period during which the person is ineligible for a temporary restricted license, or to a person whose license is suspended or revoked for another reason.

2. A temporary restricted license issued under this section shall not be issued until the applicant installs an approved ignition interlock device on all motor vehicles owned or operated by the applicant. However, if the applicant has had no previous conviction or revocation under this chapter, a temporary restricted license issued under this section shall not be issued until the applicant installs an approved ignition interlock device on all motor vehicles operated by the applicant. Installation of an ignition interlock device under this section shall be required for the period of time for which the temporary restricted license is issued, and for such additional period of time following reinstatement as is required under section 321J.17, subsection 3. However, a person whose driver's license or nonresident operating privilege has been revoked under section 321J.21 may apply to the department for a temporary restricted license without the requirement of an ignition interlock device if at least twelve years have elapsed since the end of the underlying revocation period for a violation of section 321J.2.

3. In addition to other penalties provided by law, a person's temporary restricted license shall be revoked if the person is required to install an ignition interlock device and the person does any of the following:

a. Operates a motor vehicle which does not have an approved ignition interlock device.

b. Tampers with or circumvents an ignition interlock device.

4. A person holding a temporary restricted license issued by the department under this section shall not operate a commercial motor vehicle on a highway if a commercial driver's license or commercial learner's permit is required for the person's operation of the commercial motor vehicle.

5. A person holding a temporary restricted license issued by the department under this chapter shall be prohibited from operating a school bus.

6. Notwithstanding any provision of this chapter to the contrary, the department may issue a temporary restricted license to a person otherwise eligible for a temporary restricted license under this section, whose period of revocation under this chapter has expired, but who has not met all requirements for reinstatement of the person's driver's license or nonresident operating privileges.

7. A person who tampers with or circumvents an ignition interlock device installed as required in this chapter and while the requirement for the ignition interlock device is in effect commits a serious misdemeanor.

8. Notwithstanding any provision of this chapter to the contrary, the department may issue a temporary restricted license to a person eligible for a temporary restricted license under this section if the person is also eligible for a temporary restricted license under section 321.215, provided the requirements of this section and section 321.215 are satisfied.

Iowa Code § 321J.20

86 Acts, ch 1220, §20; 90 Acts, ch 1230, §87, 88; 95 Acts, ch 48, §21; 95 Acts, ch 143, §7; 97 Acts, ch 177, §18 - 20; 98 Acts, ch 1073, §9, 12; 98 Acts, ch 1138, §5, 36, 37; 2000 Acts, ch 1133, §17; 2003 Acts, ch 60, § 7; 2007 Acts, ch 196, § 6; 2010 Acts, ch 1061, § 180; 2010 Acts, ch 1097, §11; 2013 Acts, ch 103, § 16, 17; 2015 Acts, ch 123, § 36, 73; 2016 Acts, ch 1011, § 54; 2017 Acts, ch 76, § 13 - 16; 2018 Acts, ch 1026, § 117; 2018 Acts, ch 1110, §8, 9; 2019 Acts, ch 66, §1; 2020 Acts, ch 1059, §1 -3; 2021 Acts, ch 80, § 186; 2021 Acts, ch 98, §7

Amended by 2021 Iowa, ch 98, s 7, eff. 7/1/2021.

Amended by 2021 Iowa, ch 80, s 186, eff. 7/1/2021.

Amended by 2020 Iowa, ch 1059, s 3, eff. 7/1/2020.

Amended by 2020 Iowa, ch 1059, s 2, eff. 7/1/2020.

Amended by 2020 Iowa, ch 1059, s 1, eff. 7/1/2020.

Amended by 2019 Iowa, ch 66, s 1, eff. 7/1/2019.

Amended by 2018 Iowa, ch 1110, s 8, eff. 7/1/2018.

Amended by 2018 Iowa, ch 1026, s 117, eff. 7/1/2018.

Amended by 2017 Iowa, ch 76, s 16, eff. 7/1/2017.

Amended by 2017 Iowa, ch 76, s 15, eff. 7/1/2017.

Amended by 2017 Iowa, ch 76, s 14, eff. 7/1/2017.

Amended by 2017 Iowa, ch 76, s 13, eff. 7/1/2017.

Amended by 2016 Iowa, ch 1011, s 54, eff. 7/1/2016.

Amended by 2015 Iowa, ch 123, s 73, eff. 6/26/2015.

Amended by 2015 Iowa, ch 123, s 36, eff. 7/1/2015.

Amended by 2013 Iowa, ch 103, s 17, eff. 7/1/2013.

Amended by 2013 Iowa, ch 103, s 16, eff. 7/1/2013.

Referred to in §321.215, 321.560, 321J.2

This section is set out more than once due to postponed, multiple, or conflicting amendments.