Iowa DUI Chemical Evidence

Upon arrest for an Iowa DUI, the police may request a sample of the suspect's blood, breath, and/or urine for the purpose of detecting the presence of alcohol and/or controlled substances. Which of the three chemical tests that will be administered are in the discretion of the police. A person may not refuse a breath or urine test without penalty. (See the Iowa Driving tab for more information on administrative license suspensions). In the case of a blood test, however, a refusal to submit to a chemical test of blood is not deemed a refusal to submit and no penalty will be imposed. Following a refusal to submit to a blood test the police may then request a breath or urine test. EXCEPTION: If the police have reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug, a blood or urine test will be required even after another type of test has been administered. An administrative license revocation may result to those who refuse to submit to a chemical test of urine or blood requested under these circumstances.

Under Iowa OWI law, the police MUST offer a chemical test of blood, breath, or urine within two hours following a preliminary breath test or arrest, whichever occurs first. If the police fail to offer a test within those two hours, a test will not be required and no administrative license penalties may result.

A person who is dead, unconscious, or otherwise in a condition rendering the person incapable of consent or refusal is deemed not to have withdrawn his/her consent, and a chemical test may be given if a licensed physician, physician assistant, or advanced registered nurse practitioner certifies in advance of the test that the person is unconscious or otherwise in a condition rendering that person incapable of consent or refusal. If the certification is oral, a written certification shall be completed by the physician, physician assistant, or advanced registered nurse practitioner within a reasonable time of the event.

Iowa DUI Chemical Testing Warrants

TESTING PURSUANT TO A WARRANT - Persons who refuse chemical testing may still be compelled to submit to a test if the police obtain a warrant. However, a warrant is typically issued only when there has been a traffic accident that resulted in a death or personal injury reasonably likely to cause death and there are reasonable grounds to believe that one or more of the persons whose driving may have been the proximate cause of the accident was OWI at the time of the accident.

If a person from whom a specimen is to be withdrawn objects to the withdrawal of blood, the warrant may be executed as follows:

1. If the person is capable of giving a specimen of breath, and a direct breath testing instrument is readily available, the warrant may be executed by the withdrawal of a specimen of breath for chemical testing, unless the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug.
2. If the testimony in support of the warrant sets forth facts and information that the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug, a urine sample shall be collected in lieu of a blood sample, if the person is capable of giving a urine sample and the sample can be collected without the need to physically compel the execution of the warrant.

The Different Types of DUI Chemical Testing in Iowa Impaired Driving Arrests

PRELIMINARY BREATH TEST (PBT) - A PBT is a handheld breath testing device that is administered on scene prior to a suspect's arrest. The purpose of the PBT is to help aide the officer in making his determination of whether to make an arrest or whether a request for other chemical tests should be made. The results of a PBT are not admissible in court except to prove that a chemical test was properly requested of a person. In order to request a driver to submit to a PBT, the police must first have reasonable grounds to believe that a person is OWI or has been involved in a motor vehicle collision resulting in injury or death.

WARRANTLESS BLOOD TESTING - Blood testing is the most reliable chemical test, but it is also the most invasive. For that reason, under Iowa DUI Law, blood testing may only be compelled in certain circumstances. A person under arrest for an OWI offense involving an accident that causes a death or personal injury reasonably likely to cause death may be administered a blood test without consent to determine the amount of alcohol or a controlled substance in that person's blood if the officer reasonably believes the blood drawn will produce evidence of intoxication. The method used to take the blood sample must be reasonable and performed in a reasonable manner by medical personnel. The officer must reasonably believe that it is an emergency situation in which the delay necessary to obtain a warrant will threaten the destruction of the evidence. If the person from whom a blood sample is to be withdrawn objects to the withdrawal, a breath sample may be taken if the person is capable of giving a breath sample and a direct breath testing instrument is readily available. If the officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug a urine sample will be collected in lieu of a blood sample if the person is capable of giving a urine sample and the sample can be collected.

In Iowa OWI cases, only a licensed physician, licensed physician assistant, medical technologist, or registered nurse, acting at the request of a peace officer, may withdraw a specimen of blood for the purpose of determining the alcohol concentration or the presence of a controlled substance or other drugs. Only new equipment kept under strictly sanitary and sterile conditions shall be used for drawing blood.

BREATH AND URINE TESTING - During Iowa OWI arrests, breath testing is the most common type of chemical test. It can only detect for presence of alcohol on a person's breath, however, so it is not used in cases involving impairment by drugs. Urine testing is more common in cases involving impairment by drugs. It is not as reliable as blood testing, however, but it is a method that is available to test for drugs in circumstances where a blood test is not warranted or refused. Any peace officer, using devices and methods approved by the commissioner of public safety, may take a specimen of a person's breath or urine for the purpose of determining the alcohol concentration, or may take a specimen of a person's urine for the purpose of determining the presence of a controlled substance or other drugs.

RIGHT TO INDEPENDENT TEST - The person arrested for an Iowa OWI may have an independent chemical test or tests administered at the person's own expense in addition to any administered at the direction of a peace officer.  The failure or inability of the person to obtain an independent chemical test or tests does not preclude the admission of evidence of the results of the test or tests administered at the direction of the peace officer.  Upon the request of the person who is tested, the results of the test or tests administered at the direction of the peace officer shall be made available to the person.