from the Iowa District Court for Story County, Steven P. Van
Marel, District Associate Judge.
defendant appeals his conviction for operating while
intoxicated, challenging the suppression ruling.
C. Smith, State Appellate Defender, and Brenda J. Gohr,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Louis S. Sloven, Assistant
Attorney General, for appellee.
Considered by Tabor, P.J., Mullins, J., and Carr, S.J.
Poster appeals his conviction for operating while intoxicated
(OWI). He contends the district court should have suppressed
his breath test results because the arresting officer
misinformed him about the right to an independent chemical
test under Iowa Code section 321J.11 (2017). Because the
record contains ample evidence to support the district
court's alternative finding Poster was driving under the
influence, we find any error in denying his motion to
suppress was harmless. Accordingly, we affirm.
Facts and Prior Proceedings
the 500 block of Welch Avenue in Ames just before 2:30 a.m.,
Iowa State University Police Officer Natasha Greene noticed a
red Pontiac almost ran a stop sign and proceeded dangerously
through a busy intersection without yielding the right of
She pulled over the driver, Poster.
the smell of alcohol on his breath and the way he answered
her questions, Officer Greene suspected Poster was
intoxicated. Poster admitted drinking two or three thirty-two
ounce mugs of Bud Light in a ninety-minute span. He described
his level of intoxication as a "warm stomach"
feeling and "having fun."
Greene administered field sobriety tests, during which Poster
exhibited signs of impairment. Officer Greene arrested him
for OWI. She took Poster to the armory building to book him
into jail. Video monitors in the building captured their
interactions. Poster agreed to provide a breath sample on the
DataMaster, which showed his blood alcohol content at
.138-over Iowa's legal limit of .08. The State charged
Poster by trial information with OWI first offense, a serious
misdemeanor, in violation of Iowa Code section 321J.2.
trial, Poster moved to suppress the Data Master result,
asserting Officer Greene violated his right under section
321J.11 to an independent chemical test by misinforming him
when blood and urine tests are available to suspects.
suppression hearing, Officer Greene described Poster as being
"very chatty" while she filled out paperwork-asking
her more questions "than I think any other arrestee or
defendant I've met." She estimated he posed twenty
questions on a range of different topics. Greene read Poster
the implied-consent advisory. After several minutes, she
asked him to sign the consent form. On the video recording,
Poster can be heard saying he found the advisory to be
"super confusing." Before he provided a breath
sample, Poster broached the subject of other forms of
POSTER: How often do you guys take, like, blood tests or,