Tag: breath test

Can I be FORCED to provide a breath sample to law enforcement if I am suspected of OWI?

Can I be FORCED to provide a breath sample to law enforcement if I am suspected of OWI? As criminal defense attorneys specializing in OWI defense, we often get questions about what to do if arrested for an OWI.  Many of the questions surround what to do if asked for a sample from your body: If I am suspected of OWI, can the cops require me to give them a breath test? What about a urine or blood test? Can’t I just refuse? I thought I could refuse a test and they just take my license for longer, right? Can […]

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Felony OWI Amended to Public Intoxication

The impaired driving defense attorneys at GRL get results.  A recent case in Mitchell County demonstrates how effective we can be when the stakes are highest. We recently took over a case from another attorney after the State refused to budge on a felony OWI and trial looked inevitable.  After unpacking it, we discovered several important facts that completely changed the dynamic of the case.  We went to work limiting the State’s evidence.  We requested the DataMaster DMT breath test data and noticed the State’s expert witness to appear on our behalf at trial. The result? On the eve of […]

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State Amends OWI to Public Intoxication on Eve of Trial

The state recently moved to amend a charge to public intoxication from OWI in a North Iowa case involving a test refusal. Why the amendment?  The drunk driving attorneys at GRL Law were prepared to show that our client, a lifetime smoker, never refused testing.   Instead, the officer deemed her to have refused after a third incomplete DataMaster DMT test.  The multiple incomplete tests were due to our client’s inability to provide an acceptable breath sample meeting all of the test parameters.  Nothing more. The officer could have instead requested that she submit a sample of blood or urine.  Those […]

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Breath Test Suppressed After Deputy Misadvises CDL Holder

GRL Law received a ruling today that suppressed the results of a breath test taken by a CDL holder. We discovered the officer made a mistake during the implied consent advisory.  He advised the driver that a test failure results in a one-year disqualification, but a refusal results in a lifetime ban on his commercial driving privileges.  That’s not the law, of course, but the mistaken advisory provides a pretty compelling reason to consent, doesn’t it? The district court thought the same.  The driver’s consent was not the product of a reasoned and informed decision. That means the driver’s CDL […]

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Violation of Right to Contact Family Member Results in OWI Charge Being Dismissed

Humboldt County, Iowa- A GRL Law client was charged with OWI 1st offense. GRL attorney Grant Gangestad filed a motion to suppress evidence in the OWI prosecution based upon the officer’s violation of the client’s statutory right to contact a family member.  After reviewing the video, the prosecutor agreed to stipulate to suppression of the breath test result and amend the charge to a public intoxication and reckless driving. Client avoided jail time, a license revocation, SR-22 insurance, an ignition interlock device requirement, and thousands of dollars in fines.

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CDL Saved After GRL Law Proves Implied Consent Error

If you read our blog regularly, then you’ve seen several posts this year about GRL Law saving commercial driver licenses from disqualification.  This post is no exception. Another CDL saved? That’s right! Our client was asked to submit a breath sample to determine his alcohol concentration.  He consented to testing after which time the DOT attempted to revoke his driving privileges. A thorough review of the implied consent process revealed the officer made a mistake.  He advised our client that a test failure (over 0.08) results in a one-year disqualification, but a refusal results in a lifetime ban.  That’s not […]

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OWI Amended to Public Intoxication Preserves CDL

Another result of our relentless pretrial discovery efforts is now on display in Jasper County.  After painstakingly reviewing every word of the implied consent video, we discovered that our client asked for an attorney.  The officer did not honor this request, but instead requested a breath sample for testing on the DataMaster DMT.  Our client refused. Iowa law provides a limited right to consult with a lawyer while being detained by police.   The prosecutor amended the OWI because the breath test refusal would not be admissible due to the violation. The result?  A simple misdemeanor.  No jail.  A fine of […]

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GRL Wins DOT and Saves CDL

Iowa provides a limited statutory right to speak with a family member or attorney before submitting to breath testing.  Most of the time, the driver must first trigger the right by asking for a phone call. In this case, our client told the officer he had an out-of-state CDL.  He asked whether implied consent would affect his commercial driver’s license.  When the officer said that he couldn’t answer that question, our client replied that he would wait for the lawyer to arrive. The officer immediately requested a breath specimen.  Our client refused. GRL Law recently appealed the one year revocation […]

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CDL Saved After OWI Amended to Public Intoxication

The impaired driving attorneys at GRL Law successfully negotiated another resolution to preserve a client’s CDL.  After winning the DOT hearing, we leveraged that result by convincing the county attorney to amend the OWI to public intoxication with a minimum fine of $105 and no jail time.  The DOT would have disqualified the client’s CDL had he pleaded guilty as charged.  The negotiation saved his commercial driving privileges. A tip of the hat to the county attorney who was willing to reevaluate the charge in light of our efforts with the DOT.

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Breath Test Suppressed After Officer Fails to Explain Rights

Iowa provides a limited statutory right to speak with a family member or attorney before submitting to breath testing under Iowa Code section 804.20.  Most of the time, the driver must first trigger the right by asking for a phone call while in custody. In this case, the officer instead volunteered the opportunity to make “a call” after invoking implied consent.  Thinking this was his one and only call, our client wisely requested an explanation.  The officer repeated his offer.  And then added the call could be placed either before or after chemical testing. Here’s where the officer erred. Section […]

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