A Story County client was arrested for OWI and taken to the police station to provide a sample of his breath. While reviewing the body camera footage, the arresting officer read Client the implied consent advisory and told Client he could make phone calls. Client was later asked if he would agree to take the breath test, to which he consented. Five minutes after providing the breath sample, the officer asked Client to sign the the form stating that he would consent to the test.
Iowa law requires that an officer make a written request for a chemical test prior to the administration of the test. Due to this error, the county attorney’s office agreed to suppress the breath test result and amend the charges to reckless driving and public intoxication. Client’s driver’s license was saved.
