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Iowa Court Overturns Conviction in OWI Case

By KCRG Intern

Story Created: Jul 2, 2009 at 1:34 PM CST

Story Updated: Jul 2, 2009 at 1:34 PM CST

DES MOINES (AP) - The Iowa Court of Appeals has overturned an operating-while-intoxicated conviction because a defendant's urine sample was given involuntarily.

Johann Vesper III was involved in an accident in 2006 near Sheldon in northwest Iowa. Court records show officers at the scene told Vesper they did not suspect he was under the influence of alcohol or drugs but suggested he provide a urine sample "if he had nothing to hide."

Vesper agreed and the test came back positive for marijuana. He appealed, claiming the test results should have been suppressed.

The appeals court ruled Thursday that the officer's comments, without telling Vesper the possible consequence of a positive test, shows his consent was involuntary.

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