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Gourley, Rehkemper & Lindholm PLC - Attorneys At Law

Archived Legal News Headlines & Changes in Iowa Laws

Change in Commercial Drivers License Suspension Without Proper Notice to a Defendant Mandates Suppression of Breath Test Result

On August 17, 2006, an Iowa County Judge ruled that the breath test result obtained from one of Gourley, Rehkemper & Lindholm, PLC's client during an OWI investigation was inadmissible at the clients trial because the statutorily required Implied Consent Advisory read to the individual prior to obtaining his consent was invalid and was a misstatement of the law.  The Court further found that the Defendant's consent to the breath test was involuntary due to the incorrect advisory.

This decision marks a significant victory for individuals who possess Commercial Driver's Licenses but are arrested for Operating While Intoxicated in their private vehicles. On July 1, 2005, the law was changed to provide for a 1 year suspension of an individuals commercial driving privileges when they either refuse or fail a breath test, REGARDLESS of whether or not they were operating a commercial or private vehicle at the time of the offense.  The corresponding implied consent advisory that must be read to individuals prior to obtaining their decision regarding the breath test was not amended to reflect that changes despite proposed legislation to do so. It was argued, and the Court ultimately agreed, that the constitution and Iowa law requires a full and fair advisory before an individual's consent to chemical testing can be valid.

Unfortunately, the law in its current status remains unchanged since the Court's ruling only applies to that specific case and to those specific facts.  Thus, all individuals who have a Commercial Drivers License but are stopped for Operating While Intoxicated in their private vehicle continue to be misadvised as to the true consequences on their licenses and often times their livelihood prior to making their decision regarding chemical testing.  It will remain up to each individual to learn of the problem, litigate the issue before a judge, and hope for an educated and positive ruling such as this learned Judge. 

"This will be the best security for maintaining our liberties.  A nation of well-informed men, who have been taught to know and prize the rights which God has given them, cannot be enslaved." - Benjamin Franklin

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From our offices in Des Moines, Iowa, we give high-quality representation to people throughout the State of Iowa, including Polk, Warren, Dallas, Boone, Story, and Marion counties, and the cities of Des Moines, Ames, Indianola, Adel, Boone, Nevada, Urbandale, West Des Moines, Waukee, and Knoxville