State v. Dailey

Weston Scott Dailey appeals the sentence imposed following his plea of guilty to operating while intoxicated (OWI) first offense in violation of Iowa Code section 321J.2(2)(a) (2007). We vacate the sentence and remand for resentencing.

I.Background Facts and Proceedings.

Dailey was arrested for OWI on October 4, 2008, after driving his car into a ditch on a gravel road. When police officers came upon Dailey trying to drive his car out of the ditch, they discovered an opened case of beer on the passenger seat next to him. Dailey submitted to a preliminary breath test at the scene, which…