HF 788 — A bill for an act requiring state employees to provide a specimen for alcohol and drug analysis following certain motor vehicle accidents or collisions resulting in serious injury or death under certain circumstances, and making penalties applicable.

House File 788 - IntroducedReprinted HOUSE FILE 788 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HF 162) (As Amended and Passed by the House March 5, 2026) A BILL FOR An Act requiring state employees of the department of transportation to provide a specimen for alcohol and drug analysis following acertain commercial motor vehicle accidentaccidents or collisioncollisions resulting in serious injury or death,death under certain circumstances, and making penalties applicable.

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321.270 Required alcohol and drug analysis for departmentstate employees operating commercialstate-owned motor vehicles.

A personstate employedemployee by the department who was involved in an accident or collision resulting in serious injury or death while operating a commercial motor vehicle owned by the department or other state entity shall provide a specimen of the person’s urine for analysis of the specimen to determine the alcohol concentration or presence of a controlled substance or other drugs.drugs, if there is probable cause that the person was operating a motor vehicle in violation of section 321J.2 or 321J.2A.

EXPLANATION5. The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.

UnderFor currentpurposes law, a person who operates a motor vehicle under circumstances which give reasonable grounds to believe that the person was operating the motor vehicle while under the influence of alcoholthis orsection, a“serious druginjury” ismeans deemed to have given consent to the withdrawalsame ofas adefined specimenin ofsection the702.18. person’s blood, breath, or urine and to chemical tests of the specimen for the purpose LSB 1104HV (2) 91 -1- th/ns 1/2 H.F.

HF 788 of(3) determining91 the-1- alcoholth/ns/md concentration1/1 or presence of drugs.

The withdrawal of a specimen and the tests must be administered at the written request of a peace officer having reasonable grounds to believe that the person was operating a motor vehicle in violation of Code section 321J.2 or 321J.2A, and if certain conditions exist, including when the person has been involved in a motor vehicle accident or collision resulting in personal injury or death.

This bill requires a person employed by the department of transportation (DOT) to provide a specimen of the person’s urine if the person was involved in an accident or collision that resulted in injury or death while operating a commercial motor vehicle owned by the DOT or other state entity.

The person must provide the specimen to a peace officer as soon as practicable after the accident or collision, but within at least two hours.

A specimen provided must be analyzed in a manner in accordance with Code chapter 321J (operating while intoxicated) to determine the alcohol concentration or presence of a controlled substance or other drugs.

The person may pay for an independent analysis of the provided specimen, but the failure or inability of the person to obtain an independent analysis does not preclude the admission of evidence of the results of the analysis.

The person is entitled to be provided the results of the analysis upon request.

The bill does not apply if a blood, breath, or urine specimen is taken pursuant to Code chapter 321J.

By operation of law, a violation of the bill is a simple misdemeanor.

A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.

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