Tag: Implied Consent

Another Marijuana OWI Win!

The district court in northwest Iowa recently granted the State’s Motion to Dismiss following a ruling suppressing the results of a blood test obtained through implied consent. The drugged driving attorneys at GRL Law challenged the test results under Iowa Code section 321J.11, the state’s independent testing law. The state trooper originally requested a urine sample.  Our client agreed and also requested a blood sample. Under Iowa law, you can get an independent sample as long as you take the officer’s requested test. Rather than obtain both a urine and blood sample, however, the trooper simply changed his request to […]

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Felony OWI Amended to Public Intoxication

Follow the process.  That’s what the drunk driving defense lawyers at GRL Law do with every OWI. We meticulously sift through every bit of evidence in a case.  Every second of video.  Each word of an officer’s narrative.  All in search of a defense.   And when we find that gold nugget?  It can change everything. Take a recent felony OWI matter in southern Iowa.  The Iowa State Patrol claimed our client “refused” a urine test for marijuana metabolites. The stakes were definitely high.  Felony OWI convictions can result in lengthy prison or jail sentences and long license revocations. By applying […]

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Marijuana OWI Dismissed

GRL recently secured another NFG when the Bremer County Attorney dismissed a marijuana OWI on the eve of trial. While there were a number of problems with the state’s case, the one that tipped the scales the most was the officer’s plain view observation of “marijuana bud” in the passenger compartment.  That turned out to be a piece of Lactuca sativa otherwise know as . . . Wait for it. Lettuce. That’s right.  He seized that other green leafy substance popular with salads and wraps.  And framed the rest of his investigation from the standpoint of marijuana impairment. At least he […]

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CDL Saved After Urine Test Results Suppressed

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, it says nothing about a DQ for a positive urine test. So, is a commercial driver’s decision to consent to urine testing reasoned and informed under the circumstances?  We think not. As a result, we were able to not only suppress the urine test, but […]

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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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Dry Gas Expiration Date . . . The Weakest Link of the PBT Log

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 at trial in the companion criminal case. Last spring, this administrative regulations for PBT logs added for the first time the expiration date of the standard used to the list of required information. Did law enforcement agencies get the memo?  From what we can tell, […]

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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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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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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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