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Case No. 19-0894

State of Iowa
Dion Caldwell


State of Iowa


Dion Caldwell

Attorney for the Appellee

Israel Kodiaga, Assistant Attorney General

Attorney for the Appellant

Vidhya K. Reddy, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 21, 2021

            Appeal from the Iowa District Court for Buena Vista County, Andrew Smith, District Associate Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and May and Ahlers, JJ.  Opinion by May, J. (23 pages)

Dion Caldwell appeals his conviction for operating while intoxicated, third offense.  On appeal, he challenges: (1) sufficiency of the evidence; (2) denial of his motion to suppress evidence; (3) admissibility of certain evidence; and (4) the costs and fees imposed.  OPINION HOLDS: Sufficient evidence supported Caldwell’s conviction.  And we conclude his rights under Iowa Code section 804.20 (2019) were not violated.  But we conclude the court should have suppressed Caldwell’s refusal to provide a breath sample.  So we reverse and remand for a new trial.  In light of this disposition, we do not reach Caldwell’s other arguments.

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