OWI charge avoided when officer tells client – “this is as private as it gets”

Atlantic, Cass County, Iowa.  Client contacted GRL Law’s 24/7 emergency on-call attorney number after being arrested for operating while intoxicated, first offense.  GRL Law’s on-call attorney was able to walk client through the process and educate him regarding his legal rights during the OWI testing process.  Given that he was speaking to his attorney, client requested privacy.  The arresting officer responded “this is as private as it gets.”  Under Iowa law, a person arrested for operating while intoxicated has the legal right to have a confidential consultation with an attorney if the attorney comes down to the station to meet with him in person.  When a request for privacy is made, the officer is obligated to advise the arrested person of this right.  The officer’s failure to advise GRL Law’s client of that right resulted in his test result being thrown out of court and the charge amended to the simple misdemeanor offense of reckless driving.  Client’s driving privileges were also saved.  This is a classic example of why when people ask, do I really need a lawyer for an OWI charge?  The answer is always “yes.”