Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-1643

State of Iowa
Rudy Danilo Depaz Colocho


State of Iowa


Rudy Danilo Depaz Colocho

Attorney for the Appellee

Genevieve Reinkoester, Assistant Attorney General

Attorney for the Appellant

Daniel J. Rothman

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 06, 2019

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge.  AFFIRMED.  Heard by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (9 pages)

            Rudy Colocho was convicted for third-offense operating a vehicle while intoxicated.  During a traffic stop, a police officer accommodated Colocho’s request to urinate before he performed field sobriety tests.  The officer took Colocho to the police station, but after he used the restroom, he still refused sobriety testing.  Instead, Colocho started speaking Spanish and requested an attorney.  The officer rejected the request.  After an interpreter was brought in Colocho still refused sobriety testing.  The officer then arrested Colocho and advised him his Iowa Code section 804.20 (2018) rights.  The officer estimated Colocho had just a little under an hour to make a phone call before the officer invoked implied consent.  Colocho refused to take the DataMaster test.  Colocho now appeals. OPINION HOLDS: We agree with the district court’s additional finding that the officer remedied the situation by later advising Colocho of his rights.  Also, because no excludable evidence emerged between the alleged violation and the officer’s giving of the advisory, we need not apply a fruits analysis.  Also, because Colocho refused the DataMaster test nearly an hour after receiving the advisory, the test refusal was admissible evidence in his stipulated bench trial.  Also, because the stipulated record contained strong evidence Colocho was operating while under the influence, we find any violation of Colocho’s rights under section 804.20 was harmless error.  Colocho is not entitled to new trial.

© 2024 Iowa Judicial Branch. All Rights Reserved.