State of Iowa v. Rachael Overbay
2012 Iowa Sup. LEXIS 14
| Iowa | 2012Background
- Polk County, Iowa: Overbay, injured in a single-vehicle crash, was read the implied-consent advisory during blood testing for OWI suspicion.
- Overbay consented to a blood test; blood alcohol was .178.
- Officer did not inform that a blood refusal would not be final and would lead to a different test.
- Officer would have offered a urine test if blood refused; dataMaster unavailable at hospital.
- District court granted suppression of the blood test based on misleading advisory; state sought discretionary review.
- Court of Appeals affirmed suppression; Iowa Supreme Court granted review and reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether inaccurate advisory renders consent involuntary | Overbay (State) argues misstatement undermines voluntariness | Overbay contends advisory misled decision to submit | No; incongruent info did not affect decision; consent voluntary. |
| Effect of blood-test exemption under 321J.6(2) versus advisory | Bernhard permits blood test despite misstatement | Overbay claims mismatch between advisory and statute | Consent remains voluntary; blood refusal not final; Bernhard controls. |
| Whether potential urine test after blood refusal changes analysis | State would have offered urine; results would be same | Medical condition may prevent urine collection; speculation not allowed | Record shows no basis to conclude different outcome; voluntariness upheld. |
| Appropriate standard of review for voluntariness under implied consent | State: de novo review with deference to district court findings | Overbay: district court factual findings control | De novo review; record supports voluntariness; defer to district court on factuals. |
Key Cases Cited
- State v. Bernhard, 657 N.W.2d 469 (Iowa 2003) (advisory minor inaccuracy does not invalidate voluntary consent when overall record shows choice would be the same)
- State v. Hutton, 796 N.W.2d 898 (Iowa 2011) (minor advisory inaccuracies do not automatically render consent involuntary)
- Gravenish v. State, 511 N.W.2d 379 (Iowa 1994) (voluntariness not undermined by mistaken statements when record shows same decision)
- Stanford v. Iowa Dept. of Transp., 474 N.W.2d 573 (Iowa 1991) (voluntariness determined at time of consent; record governs)
- Hitchens v. Iowa Dept. of Transp., 294 N.W.2d 686 (Iowa 1980) (implied consent framework and purposes)