Dont’ Say it Aint So

Appanoose County Iowa.  Client was arrested for OWI after losing control of his motorcycle.  During the booking process the Client expressed concern about the loss of his CDL license if he failed the breath test.  The arresting officer told the Client that his CDL license could not be suspended if he failed the breath test since he was not driving a commercial vehicle.  This statement was contrary to the law which does provide for a CDL suspension for a failed breath test even if you are NOT driving a commercial vehicle.  The Appellant successfully challenge the license suspension with the DOT and as a result, the State amended the criminal charge to public intoxication.