OWI amended to Public Intoxication due to failure to provide a proper advisory to client

Jasper County, Iowa- A Spanish speaking client was pulled over for a suspected OWI charge. The officer is required to read the client an implied consent advisory that informs them what will happen if they consent to or refuse the breath test offered by the officer.  When the person does not speak English, the officer is required to convey the advisory to the person so that it can be understood.  In this case, the officer brought in a second officer who translated the advisory into Spanish and read it aloud to the client.  GRL Law attorney Grant Gangestad hired an interpreter who translated the second officer’s translation into English.  The translation was woefully deficient.  Based upon this poor translation, Mr. Gangestad filed a motion to suppress the test, arguing that the breath test was not voluntarily given because the client was not advised properly on the law.  The prosecutor agreed to amend the charge to a public intoxication, saving the client hundreds of dollars in fines and fees and sparing him of any jail time.