In the process of saving a CDL from being disqualified, the impaired driving attorneys at GRL exposed a potential flaw in the implied consent advisory for commercial motor vehicles. The advisory provides that commercial driving privileges will be disqualified if the drivers tests over 0.04 for alcohol or refuses testing while operating a CMV. However, […]
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 […]
As part of our pretrial discovery process, GRL Law routinely scrutinizes the contents of PBT logs. Why? Because record keeping errors can prevent the PBT from triggering implied consent. If there’s a defect in the implied consent process, then the driver’s operating privileges won’t be revoked. The breath test or refusal may also be inadmissible […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
The impaired driving defense attorneys at GRL prevented yet another CDL holder from being disqualified by the Iowa DOT. A thorough review of pretrial discovery indicated that the arresting officer made a critical mistake during the implied consent process. He failed to properly observe the 15-minute waiting period before requesting a breath sample for testing […]
