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 […]