Poweshiek County, Iowa. Carrying Weapons While Intoxicated and Operating While Intoxicated charges avoided due to misleading information provided to GRL’s client at the time breath testing was requested.
GRL’s client had a prior out-of-state offense for operating while intoxicated but Iowa law did not authorize law enforcement to treat the new offense as a second offense. As a result, GRL’s client was provided incorrect information at the time he consented to chemical testing thereby rending his consent involuntary. The subsequently obtained test result was excluded from trial, making it significantly more difficult for the prosecution to prove intoxication. Charges were resolved with two simple misdemeanor offenses and commercial driving privileges were spared.