The Iowa Supreme Court holds that the implied consent statute requires officer compliance with the statutory requirements of a written request for a chemical test specimen, and that test consent without use of such mandatory procedures is invalid and inadmissible.
The question presented in the OWI case was whether a peace officer can bypass the statutory implied consent provisions and request a motorist provide a bodily specimen for a chemical breath test without a written request and without advising the motorist of the consequences associated with refusing or submitting to the request for a chemical breath test. The Court answered in the negative, absent a warrant or other statutory exceptions. “We conclude the statute is unambiguous and requires a peace officer who requests a motorist to provide a bodily specimen for chemical testing to do so in accord with the statutory procedures when certain conditions exist.”