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Iowa Commercial Driver’s License’s and OWI

Failure to fully and fairly advise an individual arrested for operating while intoxicated violates due process and requires suppression of the chemical breath test result.  Due Process still applies to operating while intoxicated arrests!!!

On February 29, 2008, a hard-fought victory was won by drivers of private motor vehicles that also possessed commercial driver’s license endorsements at the time they are stopped and arrested for operating while intoxicated.   The Iowa Supreme Court in the case of State of Iowa vs. Codey Massengale, ruled that the failure to advise an individual that holds a CDL that his/her impending decision regarding submitting to or refusing chemical testing when arrested for operating a private motor vehicle while intoxicated violated due process.  The Court found that the failure to advise drivers of these consequences did not fit the underlying purpose of the statutorily required implied consent advisory which is to provide the individual sufficient information to make a knowing and intelligent decision regarding the breath test.

This issue was first raised back on August 17, 2006 when Judge Russell granted Mr. Massengale’s motion to suppress evidence in the underlying criminal prosecution.  The State of Iowa appealed his ruling and nearly a year and a half later the Iowa Supreme Court has resolved this issue in favor of the drivers.  Interestingly enough, following Judge Russell’s initial ruling, the Iowa Legislature amended the implied consent advisory statute to require the advisory that Mr. Massengale contended should have been given to him.  That statute went into effect on July 1, 2007, but because Mr. Massengale’s case occurred prior to the statute being adopted, the Iowa Supreme Court was required to rule on this issue as a constitutional issue.

Bottom line, it was a hard-fought victory, but due process does still apply even to individuals arrested for operating while intoxicated.

The entire decision can be viewed at:
http://www.judicial.state.ia.us/Supreme_Court/Recent_Opinions/20080229/06-1466.pdf?search=Massengale#_1

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