OWI Second Offense Amended and License Saved

Polk County, Iowa.  Client's OWI second offense charge was amended to reckless driving following a successful pretrial motion to suppress which excluded the breath test result from being admissible at trial.  The court found that the motion to suppress should be granted because the officer did not allow the client the opportunity to meeting with his attorney confidentially (i.e. face to face) at the jail prior to submitting to the chemical breath test.  As a result, the breath test result was deemed inadmissible and the client's driver's license was saved.