STATE v. KJOS

No. 93-681.

524 N.W.2d 195 (1994)

STATE of Iowa, Appellee, v. Ordell Thomas KJOS, Appellant.

Supreme Court of Iowa.

November 23, 1994.


Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, for appellant.

Bonnie J. Campbell, Atty. Gen., Robert P. Ewald, Asst. Atty. Gen., Kevin Parker, County Atty. and Patricia Notch, Asst. County Atty., for appellee.

Considered by HARRIS, P.J., and CARTER, NEUMAN, ANDREASEN, and TERNUS, JJ.


TERNUS, Justice.

At 4:30 a.m. on the morning of August 30, 1992, Defendant, Ordell Thomas Kjos, was arrested for operating a motor vehicle while under the influence of an alcoholic beverage (OWI). See Iowa Code § 321J.2(1) (1991). More than two hours later Kjos was asked to give a breath test. He was erroneously told that a failure to consent to the breath test would cause him to lose his driver's license. See id. § 321J.6(2). He consented...

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