Iowa Court of Appeals · No. 25-1833
State of Iowa v. Jason Maurice Gast
Decided November 4, 2026 · appeal from Polk County · Criminal
What the court decided
AI summary The driver challenged a conviction for operating while intoxicated, arguing that the police violated his rights by not allowing him to speak with an attorney before a breath test and after his arrest. The court decided that the driver was given a reasonable opportunity to contact counsel and did not face an unreasonable delay. This means the court upheld the original decision to allow the evidence used in the case.1
Result: AFFIRMED
The court’s own summary
Jason Gast appeals his conviction for third-offense operating while intoxicated, challenging the district court’s denial of his motion to suppress. Gast argues his rights under Iowa Code section 804.20 (2025) were violated when a state trooper denied his request to call an attorney before deciding whether to submit to a preliminary breath and when the trooper refused to let Gast continue trying to reach counsel after he was arrested.
Holding: Because Gast did not experience an unreasonable delay after asking to contact an attorney, and because he was given a reasonable opportunity to do so, we affirm the district court’s ruling denying Gast’s motion to suppress.
Judges
- Written by Judge Gina C. Badding
- Trial judge: Gregory D. Brandt, Polk County
Iowa Code it cites
Each links to the bills that change that chapter.