STATE v. SEWELL

No. 20-0445.

960 N.W.2d 640 (2021)

STATE of Iowa, Appellee, v. Matthew Robert SEWELL, Appellant.

Supreme Court of Iowa.

Filed June 4, 2021.

Rehearing Denied June 29, 2021.


Attorney(s) appearing for the Case

Robert G. Rehkemper (argued) of Gourley, Rehkemper & Lindholm, P.L.C., West Des Moines, for appellant.

Thomas J. Miller , Attorney General, Louis S. Sloven (argued), Assistant Attorney General, and Amy E. Zenor , County Attorney, for appellee.

Mansfield, J., delivered the opinion of the court, in which Christensen, C.J., and Waterman, McDonald, Oxley, and McDermott, JJ., joined. Appel, J., filed an opinion concurring in part and dissenting in part.


We are asked to decide today whether Iowa law or the Iowa Constitution guarantee a suspected drunk driver the right to a private phone consultation with counsel before deciding whether to take a blood alcohol test. We conclude that Iowa law does not provide such a right because the statute provides that if a call to counsel is...

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