Tag: operating while intoxicated

Refusal of Breath Test Results in Reduced Charge

Boone County, Iowa.  A client who chose to refuse to submit to a breath test recently had her drunk driving charge reduced to reckless driving.  The State agreed to reduce the charge after reviewing the client’s performance on field sobriety tests, her demeanor with the officer, and the lack of any other evidence of intoxication.   Although the client’s license was lost for a longer period of time because she chose not to take the breath test, the State did not have sufficient evidence to proceed to trial on the criminal charge and instead chose to reduce the charge instead of […]

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Officer Certifications Matter

Warren County, Iowa.  Recently it was determined that Officer Devin Thomas from the Indianola Police Department had not previously been certified through the Iowa Law Enforcement Academy to conduct OWI investigations including administering field sobriety tests, invoking implied consent, or operate the Datamaster.  Nevertheless, he engaged in an OWI investigation and subsequent arrest of a GRL client including having him submit to a breath test despite not being certified.  This lack of certification came to light at the administrative DOT hearing and a subsequent motion to suppress was filed in the criminal matter.  As a result all evidence of the […]

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Unconscious Blood Draw Suppressed

Union County, Iowa.  Following a one car accident a GRL client was transported to the hospital and a blood draw was administered at the request of law enforcement to determine his level of intoxication.  Pursuant to Iowa Code Section 321J.7, a physician is required to certify that a person is either dead or unconscious in order to draw the person’s blood without a warrant.  Despite the constitutional arguments that surround this code section, if the appropriate paperwork is not completed, then the test results are not admissible in the criminal proceedings.  In this particular case, the test result were suppressed […]

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Deprivation Period No Followed Results in Reduced Charges

Delaware County, Iowa.  The Iowa Administrative Code requires that the operator of a preliminary breath testing device follow the manufacturers requirements for utilizing that device.  The manufacturer requires a fifteen minute deprivation period prior to administering a preliminary breath test in order to avoid any false positive results.  In this case the arresting officer failed to follow the fifteen minute deprivation period after having the client removing chewing tobacco.   As a result of the officer’s failure to observe the deprivation requirements, the client’s breath test result was ultimately thrown out and not admissible at court and the OWI charge was […]

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What To Do When Pulled Over For Suspected Drunk Driving in Iowa

Nobody studies up to get an OWI.  That being said, even innocent people are suspected, investigated and ultimately charged with Operating While Intoxicated every year in the state of Iowa.  Knowing what to do can make all of the difference.  GRL Law created this video to help educate the public on what they do and do not have to do when pulled over for OWI.  Know your rights.  Exercise your rights.  Preserve your freedom.

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Ask for a Re-Do

Story County, Iowa.  When a GRL client asked the officer if he could take another breath test after failing the first one and the officer failed to inform him of his right to an independent test, this ultimately led to the exclusion of the failed test result.  As a result of losing this critical piece of evidence, the charges were reduced to public intoxication and reckless driving.  This allowed the client to avoid a criminal conviction for OWI and saved his driver’s license.  Moral of the story…if you take the test ask for a redo!

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OWI Charge Reduced

Polk County, Iowa.  A client recently had his charge reduced from OWI to reckless driving.  The reduction in the charge was successfully negotiated shortly before trial once the State reviewed the evidence and determined that there was a shortage of evidence to convince a jury that the client was intoxicated given that he was not combative with the police, looked good on video, and had refused the breath test.

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