Updated: Apr 17, 2022
First, Iowa law requires that you give breath, blood, or urine any time it is requested by a law enforcement agency. So if you do no take the test, you will lose your driving privileges immediately within 10 days of the stop. You may have a leg up in the criminal case but your license is gone and you are doomed to be stuck with a temporary restricted License for 2 years in stead of 6 months for what they call a test failure.
So if you do not take the test, you need to look really good in the video in order to succeed at trial. If you are only at a .15 bac level, have a clean criminal history, and no accident then you are eligible for a deferred judgment. A Deferred comes off your record after 6 months and you pay a civil penalty and doesn't require any jail time. It is certainly the way to go if you have a clean record, take the breath test
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