Tag: chapter 808

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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Should Hospitals Refuse to Comply with Blood Draw Warrants?

There is a growing trend in Iowa when it comes to OWI investigations, particularly those involving drugs other than alcohol. Peace officers are bypassing the standard implied consent procedures and seeking search warrants for blood instead. It’s not just for situations involving deaths or potentially fatal injuries.  Yes, there’s a law authorizing search warrants in those specific situations.  We’re talking here about regular, vanilla OWI traffic stops.  The run of the mill variety that happen every day across the state. Police have the discretion to apply for general search warrants even for ordinary cases if they want a blood sample […]

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