Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 159 - Statewide Sobriety and Drug Monitoring Program › Rule 661-159.10 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to this chapter:
"Alcohol"
means an alcoholic beverage as
				defined in Iowa Code section
				321J.1.
"Commissioner"
means the commissioner of
				public safety as defined in Iowa Code section
				80.1 A.
"Controlled substance"
means the same as
				defined in Iowa Code section
				124.101.
"Department"
means the department of public
				safety.
"Eligible offense"
means a criminal offense in
				which the abuse of alcohol or a controlled substance was a contributing factor
				in the commission of the offense, as determined by the court or a governmental
				entity of the participating jurisdiction. For purposes of operating while
				intoxicated offenses committed in violation of Iowa Code section
				321J.2,
				"eligible offense" includes only the following offenses:
1. A first offense in which the person's alcohol concentration
				exceeded .15.
2. A first offense in which an accident resulting in personal
				injury or property damage occurred.
3. A first offense in which the person refused to submit to a
				chemical test requested pursuant to Iowa Code section
				321J.6.
4. A second or subsequent offense.
"Failed test"
means any of the
				following:
1. A test or combination of tests that shows the presence of
				alcohol, a controlled substance, a combination of alcohol and one or more
				controlled substances, or a combination of two or more controlled substances,
				if any of the controlled substances are not prescribed by a health care
				provider or are not used in accordance with the health care provider's written
				instructions.
2. A failure or refusal to submit to testing, including but not
				limited to the nonpayment of the required fee.
3. Incomplete testing or results that indicate efforts to
				tamper with or interfere with the test or with valid test results, whether or
				not those efforts are successful.
4. Failure to appear to submit to testing.
"Immediate sanction"
means a sanction that is
				applied within minutes of a failed test result.
"Law enforcement agency"
means a sheriff's
				office or city police department that has been approved to administer,
				implement and enforce the statewide sobriety and drug monitoring program
				established in Iowa Code chapter 90ID for the participating
				jurisdiction.
"Participating jurisdiction"
means a county or
				a city that chooses to participate in the statewide sobriety and drug
				monitoring program and that has been approved for participation by the
				department.
"Sobriety and drug monitoring program"
or
"24/7program"
means the statewide sobriety and drug monitoring
				program established in Iowa Code chapter 90ID.
"Test"
or
"testing"
means a
				procedure or set of procedures performed using equipment, devices and methods
				approved by the commissioner to determine the presence of alcohol or a
				controlled substance in a person's breath or bodily fluid, including blood,
				urine, saliva, and perspiration, and includes any combination of breath
				testing, drug patch testing, urine analysis testing, saliva testing, and
				continuous or transdermal alcohol monitoring.
"Timely sanction"
means a sanction that is
				applied within hours or days after a failed test result. A timely sanction
				shall be applied as soon as possible, but the period between the failed test
				result and the application of the timely sanction shall not exceed five
				days.