A Polk County client was detained by West Des Moines Police for suspicion of OWI. Upon arriving at the station the officer verbally asked for her to submit to a breath test. 20 minutes after she provided the breath sample, the officer made his request for the breath test in written form. Iowa law requires an officer to make his request for a chemical test in writing prior to the person consenting or refusing. Due to the officer’s error the State agreed to suppress the breath test results and amend the OWI to reckless driving and public intoxication. The client never lost her driver’s license.
