A man recently stopped for a DUI in Iowa at first refused to take a sobriety chemical test at the scene, but shortly relented. The defendant’s defense that his subsequent approval of the test should be cause to reinstate his driving privilege was rejected by the court.
There are a small number of states that have allowed the “change of heart” defense, but Iowa is not one of them. The Iowa court system wants to keep all cases like this free of confusion and eliminate the chances of trials being decided by “he said, she said” scenarios.
This is primarily because Iowa is an implied consent state. If you are stopped and the police ask you to submit to a breath or chemical test you must take it. Refusal of the test results in at least a one year driver’s license suspension and may require that you be evaluated for substance abuse.
A conviction for your first Iowa DUI offense requires one or two days in jail and a license suspension of six months. Second and third offenses can result in 2 years or 5 years in jail respectively. With so much on the line, and the State Supreme Court making decisions like the one above, any person charged with a DUI in Iowa should contact an Iowa DUI attorney.
Familiarity with precedents such as the one highlighted is just one of many assets an experienced DUI attorney brings to the table. If you hope to walk away from a DUI hearing with a favorable verdict you need an experienced DUI attorney on your side.