Right to Decline Blood Test Request Results in Dismissal of OWI 2nd

Vinton, Benton County, Iowa.  Following a single-vehicle accident, GRL Law’s client was transported to a local hospital for medical treatment.  Law enforcement following up on their accident investigation, visited our client at the hospital and requested a blood sample.  In Iowa, a motorist has the right to decline to submit to a blood withdrawal request without license revocation.  Client declined and law enforcement failed to follow up with a request for an alternative substance such as urine.  Without being able to use the declination of the blood test against him, the prosecutor agreed to amend the Operating While Intoxicated, second offense, down to a simple misdemeanor, reckless driving.  Driving privileges were saved as well.