State v. Dennison

The State appeals the district court’s dismissal of the defendant’s operating-while-intoxicated (OWI) charge on speedy indictment grounds. The issue before us is whether the defendant was “arrested” for purposes of the speedy indictment rule after law enforcement officers tested him to determine whether he was under the influence of alcohol and/or drugs. If the defendant was arrested at that time, the district court properly dismissed the trial information under Iowa Rule of Criminal Procedure 27(2)(a). We find he was not and reverse the district court’s dismissal of the trial information.

I.…