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State v. Swartz8/11/2004
Travis Swartz appeals following his conviction for operating while intoxicated, first offense. AFFIRMED.
Defendant Travis Swartz appeals following his conviction for operating while intoxicated (OWI), first offense, in violation of Iowa Code section 321J.2 (2003). He claims the district court should have sustained his motion to suppress a breath test based on a violation of section 804.20. We affirm.
I. Background Facts & Proceedings
During the early morning hours of September 28, 2003, Lucas County Deputy Eric Spring stopped Swartz for not making a complete stop at a stop sign. While speaking with Swartz, Deputy Spring noticed an odor of alcohol coming from Swartz's vehicle. Deputy Spring asked Swartz if he had been drinking earlier in the evening. Swartz stated that he had two or three beers an hour earlier. Deputy Spring then asked Swartz to step out of the vehicle so he could perform field sobriety tests. Swartz failed all of the field sobriety tests. In addition, Swartz also scored over.100 on a preliminary breath test.
At this point, Deputy Spring and Swartz began talking about how Swartz's girlfriend, the only passenger in the car, would get home. Deputy Spring asked Swartz if his parents could come pick her up. Swartz did not think that was likely. Swartz asked Deputy Spring if he could walk home. Deputy Spring told Swartz that he could not allow him to do that. Swartz then said the following, "If I call somebody, could... uh?" Deputy Spring interrupted Swartz and told him that if he called somebody, they could take his girlfriend home. Deputy Spring told Swartz that he needed to take him to the police station for another test. He also informed Swartz that if he passed that test, he would take him home. Swartz then asked Deputy Spring if Spring could give his girlfriend a ride home. Deputy Spring agreed to this arrangement and drove Swartz's girlfriend home.
After Deputy Spring and Swartz arrived at the police station, Swartz agreed to take a breath test. The test revealed that Swartz had a blood alcohol level of.117. The defendant placed a call to his girlfriend during the booking procedure. This occurred after Swartz took a breath test.
On September 29, 2003, the State filed a trial information charging Swartz with OWI, first offense. Swartz filed a motion to suppress raising a challenge based on Iowa Code section 804.20. The district court denied the motion. Swartz subsequently stipulated to a bench trial based on the minutes of testimony. On December 1, 2003, the district court found Swartz guilty of OWI, first offense. Swartz was sentenced to 48 hours in the county jail and a $1,000 fine. Swartz appeals.
II. Scope of Review
Our review of Iowa Code section 804.20 is for errors at law. State v. Krebs, 562 N.W.2d 423, 425 (Iowa 1997). We will uphold the district court's ruling on a motion to suppress if there is substantial evidence to support the court's findings of fact. State v. Frake, 450 N.W.2d 817, 818 (Iowa 1990). Evidence is substantial when a reasonable person would accept it as adequate to reach the same findings. Id.
III. Analysis
Swartz contends that his statutory right to contact a family member or an attorney was violated, because Deputy Spring failed to comply with the requirements of section 804.20 after he made a request to make a phone call. Consequently, he claims the results of his breath test should have been suppressed.
Iowa Code section 804.20 states in relevant part:
Any peace officer or other person having custody of any person arrested or restrained of the person's liberty for any reason whatever, shall permit
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