State of Iowa v. Tony Gene Lukins

ZAGER, Justice.

Tony Lukins was arrested for operating while intoxicated. After registering a .207 on a breath test at the O’Brien County jail, Lukins made several statements to the arresting officer indicating his desire to retake the breath test. After a great deal of discussion, the officer denied Lukins’s request. Prior to trial, Lukins moved to suppress the breath-test result arguing suppression was required because he had been denied his statutory right to an independent chemical test. The district court denied Lukins’s motion, and after a bench trial on the minutes of testimony, it…