Author: Grant Gangestad

Can I be FORCED to provide a breath sample to law enforcement if I am suspected of OWI?

Can I be FORCED to provide a breath sample to law enforcement if I am suspected of OWI? As criminal defense attorneys specializing in OWI defense, we often get questions about what to do if arrested for an OWI.  Many of the questions surround what to do if asked for a sample from your body: If I am suspected of OWI, can the cops require me to give them a breath test? What about a urine or blood test? Can’t I just refuse? I thought I could refuse a test and they just take my license for longer, right? Can […]

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How Long Can an Officer Detain Me During a Traffic Stop?

Have you ever been cruising down the interstate, humming along to one of your favorites on the radio, and enjoying a beautiful day when you look in the rearview mirror and see flashes of blue and red?  You quickly look down at your speedometer.  11 m.p.h. over the speed limit. Your heart sinks.  You pull over to the side of the road. The officer approaches and tells you that you were speeding.  You swallow the lump in your throat as he asks for your license, registration, and insurance. You hand your documents to him and he briefly scans them over.  […]

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Suspension, Revocation, Bar, Habitual Offender, Habitual Violator: What’s the difference?

In Iowa, a person can have their driver’s license taken from them in a number of ways.  For example, a person can be suspended for non-payment of fines, revoked for an operating while intoxicated test refusal or result over the legal limit of drugs and/or alcohol, or barred for other serious violations. It’s important to note that being suspended, revoked, or barred all carry special meanings under Iowa law. A suspension means that you have lost your permission from the Iowa Department of Transportation to drive for a certain period of time.  Typically, you are looking at a suspension for […]

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Boating Privileges Saved

Appanoose County, Iowa- A GRL Law client was charged with Boating While Intoxicated (BWI), Second Offense. A conviction for BWI 2nd offense results in a minimum fine of $1,000, seven days in county jail, completing a substance abuse evaluation and completing all recommended treatment, and a loss of the person’s boating privileges for two years.  Mr. Gangestad and the county attorney were able to successfully negotiate a non-BWI resolution, with the client paying a $200 fine.  Jail time was avoided and the client’s boating privileges were spared.

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ALL CHARGES DISMISSED due to Faulty PBT Logs

Wright County, Iowa- A GRL Law client was stopped for alleged erratic driving.  Officers requested that she complete field sobriety tests, and the client submitted to that request.  The client then submitted to a PBT and was taken to the station for further testing. The client supplied a breath test which was over the legal limit.  Mr. Gangestad filed a motion to suppress the breath test result because the preliminary breath test (PBT) calibration logs did not comply with the Iowa Code and therefore invalidated the PBT result.  The breath test result was excluded from trial and all charges were […]

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