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Evidence of DUI (OWI) in Iowa

321J.15 Evidence in any action.

Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating a motor vehicle in violation of section 321J.2 or 321J.2A, evidence of the alcohol concentration or the presence of a controlled substance or other drugs in the person’s body at the time of the act alleged as shown by a chemical analysis of the person’s blood, breath, or urine is admissible. If it is established at trial that an analysis of a breath specimen was performed by a certified operator using a device intended to determine alcohol concentration and methods approved by the commissioner of public safety, no further foundation is necessary for introduction of the evidence.

321J.16 Proof of refusal admissible.

If a person refuses to submit to a chemical test, proof of refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person was operating a motor vehicle in violation of section 321J.2 or 321J.2A.

 

In court, there are various pieces of evidence that you and the state can bring. You can have a 3rd party witness testify. This can be someone who was with you in the vehicle at the time of the stop and arrest. You can also bring in any prescriptions or medical records of any health conditions you have that could have resulted in a false positive chemical test. The state can have the videos of the stop, pre-arrest screening, arrest, and post-arrest admitted into evidence. These videos will show what your behavior was like and if your speech was slurred or you could not stand up straight. The state can also have the results from chemical tests conducted with a warrant or without a warrant under the circumstances mentioned above in the “samples” section admitted into evidence. If you refused any tests, that evidence will be admissible. The state will also be able to have the warrant itself, any records kept in the normal course of business such as field notes and standard paperwork. The breathalyzer result from the pre-arrest screening will not be admissible; only the fact that such a test was done to establish probable cause for an arrest can be admissible. The state of Iowa does not limit any breath, blood, or urine test results that were gathered more than two hours after you were operating a vehicle.


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