State of Iowa v. Carrie McIver

CADY, Chief Justice.

In this appeal from a judgment and sentence entered by the district court against a motorist for operating while intoxicated, first offense, we must first decide if the peace officer made a valid stop under the Fourth Amendment to the United States Constitution and article I, section 8 of the Iowa Constitution. If the stop was valid, we must then decide if a peace officer is required to offer a blood or urine test instead of a breath test to a motorist reasonably suspected of driving under the influence of a controlled substance or a drug other than alcohol. We find the…