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.