Test Refusal

Refusing To Submit To Drunk Test

First and foremost, when we speak of test “refusals” we are talking only about the individual’s election not to consent to the evidentiary chemical test at the station or a blood or urine request either at a hospital or at the law enforcement center. 

Iowa Absolute Right To Refuse

A driver in the State of Iowa has the absolute right to refuse field sobriety exercises and the preliminary breath test out at the scene of the traffic stop.  Refusals of these tests does not result in license suspensions nor does it make someone ineligible for a deferred judgment on a first offense operating while intoxicated charge.

Type of Refusal

According to Iowa law, a refusal of chemical testing can either be express or implied.  The person can check the “refuse” box when implied consent is invoked, or specifically tell the officer he/she does not wish to take the test or an officer can take the individuals words and actions as a “refusal.” 

Failure to comply with the officers instructions on how to properly take a test can also amount to a legal refusal.

Adjudication of Refusal

According to Iowa law, the judge must look at all of the facts and circumstances, including the defendants, words and actions, to determine whether or not they legally refused chemical testing. 

Refusal NOT Admission of Guilt

Refusal does NOT mean one has automatically admitted to the crime of operating while intoxicated.   A test “refusal” is simply a choice by a person suspected of driving while intoxicated to exercise a choice that they are legally authorized to make.  It is a choice not to provide the government with potentially valuable evidence against the person in exchange for a longer license suspension.   It’s a completely valid option that a person may chose depending upon what is more important to them; their driving privileges or avoiding a criminal conviction for operating while intoxicated. 

Defenses & Refusals

Drunk driving charges are much easier and cheaper to successfully defend when a test result over the legal limit does not need to be discredited with the jury.  With no test result, the State must prove the defendant was “under the influence” at the time he/she was driving.

A legally valid refusal of evidentiary chemical testing does have some additional negative consequences above and beyond what apply to a person that consents and “fails.”  First, a person who refuses to take a test suffers a license suspension that is twice as long as the person that “fails.”  Also, a refusal triggers a 90 day hard suspension on both 1st and 2nd offenses.   Finally, on a first offense drunk driving charge, a person is not eligible for a deferred judgment if they refused the evidentiary breath test at the station.

Iowa OWI Defenders
contact us at 1-888-278-1027

Gourley, Rehkemper & Lindholm
IOWA DRUNK DRIVING DEFENSE LAWYERS
303 Locust Street, Suite 200
Des Moines, Iowa 50309

Phone: (515) 226-0500
Toll free: 1-888-278-1027

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free initial consultation

If you or someone you care about has been arrested for drunk driving or an intoxication related offense, remember that an arrest is not a conviction; there are many, many reasons why an OWI charge may be wrong. If the driver doesn't believe that he or she was drunk, that very well may be the case; breathalyzers can malfunction. There are also many other reasons for improper drunk driving accusations. We know, we find them all the time.

call Iowa OWI Defenders at 1-888-278-1027

For a free initial consultation, please call the law offices of Attorney Robert Rehkemper and Attorney Matthew Thomas Lindholm at (515) 226-0500, or if you are located outside the local Des Moines, West Des Moines, Iowa area, use our toll free number, (1-888-278-1027).

Send your OWI Arrest Information To An Attorney

You can also send details about your OWI arrest to the attorneys with the CASE SUBMISSION FORM. That form is very handy for after-hours communications, to give the attorneys a head's-up that you will be calling, or to leave a message for one of them to call you back. While arrest and charge information is public, be sure to exclude any confidential information.

prepare for consultation

The attorneys at Gourley, Rehkemper & Lindholm are extremely detail-orientated; they want information from you pertaining to every aspect of your case including your and police actions prior to the police stop, peliminary to your arrest, during arrest and after arrest.

An OWI DUI Questionnaire Form is ready for you to print and complete to prepare for your consultation with an attorney.

driver's rights card

Don't leave home without it! Get your Driver's Rights Card now, and keep it with you just in case you ever need it.

Gourley, Rehkemper & Lindholm founded the Driver's Rights Card to protect people's rights if ever they're stopped in Iowa by police for suspicion of operating a motor vehicle while under the influence. Protect your freedom - get the free card.