Eagle Grove, Worth County, Iowa. OWI 2nd Offense charge is dismissed outright and drivers license is saved after GRL Law proves that arresting officer improperly limited the defendant’s phone calls prior to making a decision regarding the breath test. Iowa law gives an arrestee the right to call, consult or see an attorney, family member, or both prior to making a decision to submit to or refuse breath testing in an operating while intoxicated investigation. Law enforcement is not allowed to constrain the content of the arrestee’s discussion so long as it is reasonably related to their current predicament. In this case the officer was proven to have improperly restricted the contents of GRL Law’s client’s phone conversation and consequently, the Department of Transportation license suspension was set aside. Faced with a ruling finding in favor of GRL Law’s client at DOT hearing, the prosecuting attorney chose to dismiss the charge outright. OWI charge dismissed and driving privileges saved!
