Iowa Supreme Court rules in case involving implied consent and drunk driving

DES MOINES — The Iowa Supreme Court has reversed a lower court ruling involving evidence obtained in a drunk driving case.

The district court sided with driver Colby Laub who argued a Boone County Deputy wrongfully obtained a search warrant to get him to give a breathe test that proved he was driving drunk. Laub said the deputy should have used the state’s implied consent procedure. Under implied consent, a driver can refuse to take a test, but will automatically have their driver’s license suspended.

The Iowa Supreme Court overturned the district court ruling, saying the use of a warrant did not violate Laub’s right to due process as the implied consent procedure is not the exclusive means of investigating OWI cases.