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State v. Lukins

Court of Appeal of Iowa

October 23, 2013

STATE OF IOWA, Plaintiff-Appellee,
v.
TONY GENE LUKINS, Defendant-Appellant.

Appeal from the Iowa District Court for O'Brien County, Charles K. Borth, District Associate Judge.

Tony Lukins appeals from his conviction for driving while intoxicated, second offense.

David R. Johnson of Brinton, Bordwell & Johnson, Clarion, for appellant.

Thomas J. Miller, Attorney General, Jean C. Pettinger, Assistant Attorney General, Anthony Garcia, Student Legal Intern, and Micah J. Schreurs, County Attorney, for appellee.

Heard by Vaitheswaran, P.J., and Potterfield and Danilson, JJ.

POTTERFIELD, J.

Tony Lukins appeals from his conviction for driving while intoxicated, second offense. He argues he was denied an independent chemical analysis in violation of Iowa Code section 321J.11 (2011). We reverse and remand for new trial, finding his repeated requests constituted a request for an independent chemical analysis.

I. Facts and Proceedings.

On February 9, 2012, Tony Lukins was pulled over while driving by Officer Rohrbaugh of the City of Sutherland. Lukins was arrested after he failed several field sobriety tests and admitted to drinking at a local bar. Once Rohrbaugh and Lukins arrived at the police station, Rohrbaugh reviewed the implied consent procedure with Lukins and Lukins provide a breath sample into the Datamaster machine. The test result showed Lukins' alcohol content was .207. After learning the results of the breath test, Lukins repeatedly asked for a re-test. Lukins: Can I get a re-check or anything? The way I'm bleeding[1]

Rohrbaugh: A rain check?
Lukins: A re-check, with this blood and that?
Rohrbaugh: You want your blood checked?
Lukins: No can I get a re-check?
Rohrbaugh: A re-check on this? [gestures to Datamaster machine]
Lukins: Yeah
Rohrbaugh: What's the blood going to make any ...

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