Mistake By Officer Saves Clients License and Avoids OWI

Creston, Union County, Iowa. A mistake by the arresting officer during the implied consent process results in client's driving privileges being spared and OWI charge avoided. Iowa law requires a written request for a breath specimen for purposes of Iowa's implied consent proceedings. A close review of the video recording showed that client was not provided the written request and until well after the breath test result was obtained. Test result was excluded and driving privileges spared. OWI charge was amended to simple misdemeanor of public intoxication.