State v. Ruiter

The defendant, Randy Ruiter, appeals the judgment and sentence imposed following his guilty plea to the charge of operating a motor vehicle while intoxicated (OWI), second offense, in violation of Iowa Code section 321J.2 (1995). Ruiter contends his sentence is void because the district court failed to comply with the provisions of Iowa Code sections 321J.2(2)(c) and 321J.3 and order a substance abuse evaluation before sentencing. We affirm.

Ruiter was charged by trial information with OWI, second offense, in violation of section 321J.2. That same day, Ruiter executed and filed a petition to…