State v. Wootten

LARSON, Justice.

Paul J. Wootten was convicted of operating a motor vehicle while intoxicated in violation of Iowa Code section 321J.2 (1995). He appealed, based on the court’s refusal to suppress the results of a breathalyzer test as a sanction for the officers’ failure to provide Wootten an independent chemical test. The district court held that Wootten failed to make a timely request for the test, overruled his motion to suppress, and found him guilty. We affirm.

I. The Facts.

When Waterloo police officers stopped Wootten’s vehicle, his voice was slurred, he was swaying, his eyes were watery,…