from the Iowa District Court for Buchanan County, Monica L.
defendant appeals his conviction for operating while
J. Sullivan of Sullivan Law Office, P.C., Oelwein, for
J. Miller, Attorney General, and Zachary C. Miller, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
Shannon was convicted of operating while intoxicated (OWI),
second offense, in violation of Iowa Code section
321J.2(1)(a) (2016). Shannon argues the State presented
insufficient evidence to prove he drove under the influence
of a drug.
Background Facts and Proceedings.
was stopped on August 1, 2016, by Deputy Sheriff Austin
Westphal. Westphal knew the vehicle to be Shannon's and
knew Shannon was barred from driving. Westphal activated his
emergency lights and observed Shannon tapping his breaks and
taking longer than usual to pull over.
approached the vehicle, shouting at Shannon to put his hands
on the steering wheel and open the door. Shannon did not
comply but drank from a Gatorade bottle and used his cell
phone. Deputy Ben Ward arrived and also encouraged Shannon to
exit the vehicle. Shannon continued to drink almost the
entire bottle of Gatorade. When the officers advised Shannon
they would break the window to take him into custody if he
did not exit the vehicle, Shannon exited the vehicle.
officers handcuffed Shannon and made several observations:
Shannon's arms were very tense, his body temperature was
elevated, and he was clenching his fists, sweating profusely,
grinding his teeth, acting restless, and swaying. Shannon had
a dry mouth and eyelid tremors, and in the police vehicle,
his feet involuntarily twitched.
officers asked Shannon if he had anything in his pockets, and
Shannon told them he had ten thousand dollars in cash on him.
The officers searched Shannon and found only a few hundred
dollars in cash. The officers performed an inventory search
of Shannon's vehicle and found broken shards of glass on
the driver's seat.
transported Shannon to the Buchanan County Jail. Based on his
training and observation, Westphal believed Shannon to be
substance-impaired. Westphal asked Shannon to perform several
field sobriety tests. Shannon passed the horizontal gaze
nystagmus test, which tests for alcohol-related impairments.
Shannon refused to complete the walk-and-turn test and the
one-legged stand test because he has "bad feet."
Shannon performed the modified Rhomberg test, which tests an
individual's internal clock. Shannon was asked to close
his eyes and indicate when thirty seconds had passed. Shannon
reported thirty seconds had passed when only twenty-two
seconds had passed, an indication of impairment. Shannon
passed a breath test for alcohol but refused to provide a
was charged with operating while intoxicated, driving while
barred, and driving while revoked. He waived a jury trial,
and the matter was tried to the court. In November 2016, the
district court found Shannon guilty on all counts and
sentenced him on the OWI conviction to a two-year prison term
and time served ...