“If I pass this test…”

Wayne County, Iowa.  Attorney Matt Lindholm recently was able to get a client’s OWI charge amended to public intoxication and save the client’s non-commercial drivers license and commercial driver’s license.  During the course of the investigation the client asked the officer “if I pass this test will I still lose my license?” and the officer responded in the affirmative.  Unfortunately, this information was incorrect.  As a result the officer misinformed the client about the ramifications of his decision which resulted in winning the DOT hearing and in turn resulting in the suppression of the client’s test result.  The county attorney ultimately agreed to amend the charge to public intoxication.