from the Iowa District Court for Wayne County, John D. Lloyd,
Shields appeals the district court's denial of his motion
to suppress preceding his conviction of operating while
B. Jones, Lamoni, for appellant.
J. Miller, Attorney General, and Katie Krickbaum, Assistant
Attorney General, for appellee.
Considered by Tabor, P.J., and Mullins and May, JJ.
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). After reading the advisory to Shields, the
following exchange occurred:
Jellison: Okay. So having read you the implied consent,
I'm going to ask you for a sample of your breath on the
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
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one year if you have not previously been revoked within the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.
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 ...