Iowa Court of Appeals reverses drunk driving OWI conviction and remands for a new trial, ruling that Iowa Code section 321J.6 was not followed properly. In order to invoke implied consent and request a breath specimen, there must not only be reasonable grounds to believe the person is operating under the influence, but one of six other predicates must apply. In this instance, both the State and the Defendant agreed that five of the six predicates were not applicable, but debated whether the Defendant was under arrest for OWI, another possible predicate. In fact, he was under arrest for interference, having been so informed. The Court of Appeals ruled that the arrest predicate required not just any arrest, but “arrest for violation for section 321J.2”, and under section 804.14, a proper manner of arrest requires that the officer inform the Defendant for what he is being arrested, and since the officer did not inform him that he was under arrest for OWI/321J.2 prior to invoking implied consent, the requisite condition precedent did not exist. Hence, the breath test was not required, and the jury should not be informed of the request or the refusal.

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