State of Iowa Vs. Justin Joseph Hutton

HECHT, Justice.

After being charged with operating while intoxicated (OWI) in violation of Iowa Code section 321J.2 (2009), 1 the defendant moved to suppress the results of his breath test. The district court granted his motion, concluding the advisory given by a police officer was misleading and therefore violated section 321J.8, rendered the defendant’s consent to the test involuntary, and violated the defendant’s substantive due process rights. The State was granted discretionary review, and the court of appeals reversed the district court. On further review, we conclude the breath test…