Skip to main content
Iowa Judicial Branch
Main Content

Case No. 20-1511

State of Iowa
v.
Dawn Loryne Chambers

Appellee

State of Iowa

Appellant

Dawn Loryne Chambers

Attorneys for Appellee

Louis S. Sloven, Assistant Attorney General

Attorneys for Appellant

S. P. DeVolder

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1511
Date Published:
Sep 01, 2021
Summary

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (19 pages)

Dawn Chambers, convicted of operating while intoxicated (OWI), third offense, appeals the denial of her motions to suppress evidence, specifically: incriminating statements she made to law enforcement and DataMaster breath test results obtained via search warrant.  She posits (1) her statements at the scene should have been excluded because they stemmed from custodial interrogation without the benefit of Miranda warnings; (2) her statements post-arrest and the breath-test result should have been excluded because she was not informed of her right to make a phone call under Iowa Code section 804.20 (2019); and (3) the breath test results should have been excluded because she was not told she could obtain an independent chemical test under Iowa Code section 321J.11.  Lastly, in response to her supplemented motion to suppress, Chambers challenges the search warrant, alleging it was void because of a mistake in the return warrant.  OPINION HOLDS: We reverse the denial of Chambers’s motions to suppress the breath test result but affirm the denial of the motion to suppress the incriminating statements before the testing.  Finding harmless error for the failure to provide an independent test, we affirm the conviction for OWI. 

© 2022 Iowa Judicial Branch. All Rights Reserved.