Iowa Code Section 804.20 allows a person to call, consult, and see an attorney family member or both prior to deciding whether to submit to chemical testing. Our client called his attorney and left a message with the receptionist who informed him the message would be relayed immediately. The arresting officer decided he had given our client enough time to secure an attorney and began setting up the breath testing machine. While this was being done, the attorney called the jail and informed them he was on his way and was only a couple block away. This information was never relayed to our client nor was he allowed to wait for the attorney to arrive before submitting to the test. A motion to suppress was filed arguing that the breath test results should be suppressed on this basis and the court granted tha motion. Given that the critial piece of evidence had been thrown out, the State agreed to amend the charge to reckless driving thereby avoiding an OWI on the client's criminal or driving record.
