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State v. Shields

Court of Appeals of Iowa

August 21, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
JUSTIN DENNIS HULLINGER SHIELDS, Defendant-Appellant.

          Appeal from the Iowa District Court for Wayne County, John D. Lloyd, Judge.

         Justin Shields appeals the district court's denial of his motion to suppress preceding his conviction of operating while intoxicated. AFFIRMED.

          George B. Jones, Lamoni, for appellant.

          Thomas J. Miller, Attorney General, and Katie Krickbaum, Assistant Attorney General, for appellee.

          Considered by Tabor, P.J., and Mullins and May, JJ.

          MULLINS, JUDGE.

         On March 31, 2018, Deputy Cody Jellison of the Wayne County Sheriff's Department arrested Shields for operating while intoxicated (OWI). Shields was nineteen years of age at the time and possessed a commercial driver's license (CDL), although he was driving a non-commercial vehicle at the time. At the jail, Jellison requested Shields to submit to a chemical breath test, and Jellison read Shields a standard implied-consent advisory form. Shields makes no claim that the initially provided advisory failed to comply with the requirements of Iowa Code section 321J.8 (2018).[1] After reading the advisory to Shields, the following exchange[2] occurred:

Jellison: Okay. So having read you the implied consent, I'm going to ask you for a sample of your breath on the DataMaster.
Shields: So, basically, the way I'm understanding it, I have a class A and I'm under 21, so that's one year for my CDL and 180, or sixty days for my driver's license?
Jellison: Well, how old are you? You're under twenty-one? When is your birth date, 99?
Shields: Yeah, March 29.
Jellison: So, if you refuse the test, it's going to be 180 days and then of course-yeah, if you refuse the test-just to make sure I'm telling you right here. Refusal to submit to the withdrawal of a body specimen for chemical testing, which means a sample of your breath, will result in revocation of your privilege to operate a motor vehicle for one year if you have not previously been revoked within the previous twelve years. So you have never had an OWI, correct, or 02 or anything like that.
Shields: No.
Jellison: Okay, so it would be for a year if you refused. Let me read and tell you the right thing here. If you are under age twenty-one and the test results indicate an alcohol concentration of two-hundredths but less than eight-hundredths, your license will be revoked for sixty days if you have no previous revocation under Iowa Code chapter 321J within the previous twelve years of ninety days if you have a previous revocation. So you have not had a previous revocation or anything, so if you submit to the test and consent to it and you fail, it will be for sixty days, is what it would be, so. And then, let's see, if you have a CDL, which you do, the Department ...

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