State v. Kjos

TERNUS, Justice.

At 4:30 a.m. on the morning of August 30, 1992, Defendant, Ordell Thomas Kjos, was arrested for operating a motor vehicle while under the influence of an alcoholic beverage (OWI). See Iowa Code § 321J.2(1) (1991). More than two hours later Kjos was asked to give a breath test. He was erroneously told that a failure to consent to the breath test would cause him to lose his driver’s license. See id. § 321J.6(2). He consented to the test. It revealed an alcohol concentration of .131.

At trial Kjos argued that the results of the breath test were inadmissible because the police…