Polk County, Iowa. Client was charged with operating while under the influence of a controlled substance (i.e. a prescription drug) for which she had a valid prescription. A motion to suppress was filed challenging the admissibility of the urine test resutls obtained in the case alleging that her right to an attorney had been violated and that the officer did not possess sufficient facts to believe she was violating the operating while intoxicated statute in order to legally request a urine sample. The court found viability to the motion and ordered the urine test results inadmissible and the State agreed to amend the charge to reckless driving. As a result of the Department of Transportation was unable to suspend her license.
