OWI Charge Amended

Poll County Iowa-  We often hear how there is nothing that can be done to fight the DOT following an OWI.  This GRL Law client thinks otherwise.  The client was accused of being under the influence of drugs and  his license suspension hearing was used to determine that the arresting officer failed to do any type of drug investigation to determine if the client was under the influence of drugs.  Despite the officer's believe that the client was under the influence of drugs, the officer requested that the client submit to a breath test to test for alcohol.  The test was completed and the results were over the legal limit. The problem arose when the officer requested breath when he suspected the client to be under the influence of drugs as breath can only be tested for alcohol.   Thus the officer lacked the necessary beleif that the client was impaired by alcohol to support the request for breath testing making that test illegal for drunk driving purposes.  After successfully defending the clients loss of license at the administrative hearing, attorney Matt Lindholm was able to secure an amendment of the OWI charge in the criminal proceedings to public intoxication.

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