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STATE v. DENNISON11/26/1997
Davis, 525 N.W.2d at 840. If a defendant is arrested and charged with a crime, and that charge is later dismissed based upon a test result, it is inevitable the defendant will have suffered some adverse consequences from the arrest, such as enduring booking procedures, possible incarceration awaiting initial appearance, bond or release requirements, court appearances, expenditures for legal representation, and publication of the arrest in the newspaper.
In this case, we find it significant that the officers did not issue a citation or complaint charging Dennison with OWI on April 6, the detention was for OWI testing, Dennison was detained for investigative purposes for a relatively short period of time, and Dennison was lawfully arrested on other charges. Clearly, his arrest on the other charges did not preclude the State from filing separate charges arising out of the same incident or episode after the forty-five-day period had expired. See State v. Lies, 566 N.W.2d 507, 508-09 (Iowa 1997).
We believe this case is more akin to Brundt because the officers were investigating a possible OWI. See Brundt, 356 N.W.2d at 576. We find the officers had the authority to request field sobriety tests and invoke implied consent procedures without placing Dennison under arrest. See id; Iowa Code ยง 321J.6(1). The limited detention necessary to transport Dennison to the ASAP office and to conduct the tests to determine whether he was under the influence of drugs was incidental to the investigation, and did not constitute an arrest.
V. Conclusion
We have considered all arguments presented by the parties, whether or not directly addressed. We conclude Dennison was not "arrested" for purposes of the speedy indictment rule on April 6, but was detained for investigative purposes. Following the receipt of the positive drug test for marijuana, Dennison was arrested on July 26. The trial information was filed on July 31. Therefore, the speedy indictment rule was not violated. We reverse the district court order dismissing the trial information, and remand the case for further proceedings.
REVERSED AND REMANDED.
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