Johnston, Stannard, Klesner, Burbidge and Fitzgerald, P.L.C.

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Johnston, Stannard, Klesner, Burbidge and Fitzgerald, P.L.C.

319-359-6492

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Refusing A Sobriety Test In Iowa

Last updated on August 30, 2024

If you get pulled over on suspicion of drunk or impaired driving, the officer may want to you to consent to a breath test. It could be a breathalyzer at the police station or a roadside test. Many drivers assume that they have to take the test, even though failing it by exceeding the legal limit – a blood alcohol concentration (BAC) of .08% for most drivers – could lead to an arrest. But the truth is that you do have a right to refuse the test.

Doing so can make things complicated, as we know well at Johnston, Stannard, Klesner, Burbidge & Fitzgerald, P.L.C. Our OWI lawyers have more than 50 years of combined experience representing clients throughout Iowa City and Cedar Rapids. Whether you consented to or refused a sobriety test during a traffic stop, we can advise on what to expect and how this could affect your case.

What Are Field Sobriety Tests?

In addition to breath tests or chemical tests during a traffic stop for impaired driving, officers may use field sobriety tests. These are physical tasks a driver performs so the officer can determine impairment. The three most common tests are:

  1. The walk-and-turn test
  2. The one-leg stand
  3. The horizontal gaze nystagmus test

These tests are meant to examine a driver’s balance and ability to follow directions and complete the required tests. Drivers are typically asked to complete field sobriety tests before consenting to chemical tests like a breath test roadside.

What Is Implied Consent?

With both field sobriety tests and chemical tests, you do have a right to refuse. However, that decision may come with consequences. Iowa has an implied consent law, which means that anyone with a driver’s license has already agreed to take those tests. You can still refuse, but doing so could lead to an automatic driver’s license suspension. This typically lasts for one year, though it can be two years in some situations.

Exploring Your Options

Taking and failing a breath test or a field sobriety test could lead to an arrest, fines, fees, time behind bars and the loss of a driver’s license. As shown above, though, refusing the test doesn’t necessarily avoid this outcome. You could still be arrested based on other evidence of impairment, or your license could be taken away due to your refusal.

Either way, you must know what legal defense options you have. Call our office at 319-359-6492 or contact us online to set up your free consultation.

Notable Cases

Cedar County AGCR024516 — PLEA OFFER ACCEPTED — Attorney Shawn Fitzgerald’s client was accused of the crime of Operating a Motor Vehicle While License is Barred as a Habitual Offender §321.560/ §321.561/ §321.555 /§321.556 (An Aggravated Misdemeanor), as well as Failure to Use Child Restraint Devise §321.446 (A Scheduled Violation). Attorney Shawn Fitzgerald was able to secure a plea offer satisfactory to both client and state.

Notable Cases

Muscatine County AGCR057733 — PLEA ACCEPTED, CHARGE REDUCED — Attorney Shawn Fitzgerald’s client was accused of Domestic Abuse Assault §708.2A(2)(b) (A Serious Misdemeanor). An initial plea offer stated the client would have to plead guilty as charged, attorney Shawn Fitzgerald worked for a better offer for his client. The client was able to plead guilty to an amended lesser charge of Disorderly Conduct §723.4(2) (A Simple Misdemeanor).