State v. Garcia

BAKER, Justice.

Hector Garcia appeals from the judgment and sentence entered upon his conviction for operating while intoxicated (OWI), first offense. We are asked to decide whether Iowa’s implied consent law requires a law enforcement officer who has asked a person suspected of driving under the influence of alcohol to submit to chemical testing to make reasonable efforts to convey the consequences of the person’s refusal to submit to the test or failure of the test. We adopt a standard which requires an officer under the circumstances facing him or her at the time of the arrest to utilize…