Police officers often turn to breath tests to determine a driver’s alcohol concentration when they suspect he is operating while intoxicated (OWI). During the ensuing traffic stop, the driver is typically asked to submit to a preliminary breath test (PBT). When the driver is unable to submit a test due to incapacitation, or if the officer chooses not to invoke the implied consent law and instead obtains a warrant, the State can proceed with a blood draw sample.
Blood tests produce accurate results if they are administered and handled correctly. How a test is conducted or a sample is stored can impact the legitimacy of any result.
Blood Tests in Iowa
In Iowa, if a driver is arrested for Operating While Intoxicated, the officer can request a breath, urine, or blood test. The driver faces penalties for refusing breath or urine, but without a warrant, a driver cannot be forced to provide a blood sample.
Blood tests are more invasive and time-consuming than other types of tests, and they can be more expensive.
Right to and Independent Blood Test
Following an arrest or while being detained under suspicion of OWI, the police officer may request a breath or urine sample. The Iowa DOT can impose penalties for refusing to provide these test samples. There is not a penalty for refusing a blood draw (unless the officer has a warrant, at which point the driver could be held in contempt of court for resisting the warrant).
Iowa law gives a driver the right to an independent blood test, but only after consenting to the officer’s request for the breath and/or urine samples. After providing the breath and/or urine sample, and upon the driver’s request, the State cannot interfere with the driver’s right to a blood test. In practice this means that the officer will transport the defendant to the hospital, where he can request and pay for a blood test.
Turn to Thompson Law Office
If you find yourself facing OWI charges in Iowa due to a blood draw taken with or without consent, turn your case over to a highly skilled, experienced, dedicated legal counsel. We will fight for you and fight for the best possible outcome to your case. Criminal defense lawyer Mark Thompson has handled thousands of local criminal cases in Eastern Iowa since 2004. We are focused specifically on OWI/DUI/Operating While Intoxicated cases. We will fight for your rights.
Get Thompson Law on your case and on your side. Call us today at 319-820-0444.