State of Iowa v. Plu Reh
CourtCourt of Appeals of Iowa
Date FiledAugust 19, 2026
Docket25-0223
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-0223
Filed August 19, 2026
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State of Iowa,
Plaintiff–Appellee,
v.
Plu Reh,
Defendant–Appellant.
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Appeal from the Iowa District Court for Polk County,
The Honorable Brendan Greiner, Judge.
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AFFIRMED
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Gary Dickey of Dickey Campbell & Sahag Law Firm, PLC, Des Moines,
attorney for appellant.
Brenna Bird, Attorney General, and Joseph D. Ferrentino, Assistant
Attorney General, attorneys for appellee.
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Considered without oral argument
by Greer, P.J., and Buller and Langholz, JJ.
Opinion by Buller, J.
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BULLER, Judge.
Plu Reh appeals following his conviction for operating while
intoxicated—second offense, an aggravated misdemeanor in violation of
Iowa Code section 321J.2 (2024). Reh claims on appeal that his breath-test
results should have been suppressed because he was unable to consult with
an interpreter fluent in his native language, Karenni, for implied consent.
Urbandale police stopped Reh following traffic violations. During the
stop, an officer gave Reh instructions to complete field sobriety tests in
English, and Reh was able to understand and perform the tests (while
showing signs of intoxication). In the officer’s view, it appeared Reh could
understand English but was not a native speaker. Reh later shared he had
lived in the United States for ten years.
Police transported Reh to the county jail, where Reh requested a
Karenni interpreter. The officer tried to find a Karenni interpreter through
the language line, but they didn’t have one. Reh told the officer he also spoke
some Burmese, so the officer offered the advisory either in English or
through a Burmese interpreter. Reh requested the Burmese interpreter, who
interpreted the implied-consent and section-804.20 advisories into Burmese.
Reh later suggested he could have a friend interpret; the officer declined to
involve the friend because the advisories should be interpreted verbatim. Reh
signed the consent forms but later moved to suppress the inculpatory results
of the breath test, which showed he was more than twice the legal limit.
In a detailed oral ruling, the district court described the pertinent facts
as we’ve set them out above. The court observed that contemporaneous
video depicted Reh responding appropriately to the officer’s questions and
instructions in English, as well as Reh “conversing with the Burmese
interpreter without any issues.” The court emphasized the core legal
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question was whether the police “used reasonable efforts to convey the
implied consent advisory to [Reh].” And the court concluded the police acted
reasonably considering the unavailability of a Karenni interpreter, the time-
sensitive nature of the breath test, and the unknown capability of Reh’s
“friend” as translator.
Reh entered a conditional guilty plea, reserving the suppression issue
for appeal. Our review is de novo, with deference to the fact-findings of the
district court. State v. Garcia, 756 N.W.2d 216, 219–20 (Iowa 2008).
The governing test is whether police undertook “reasonable” efforts
to convey the section-321J advisory to a defendant who does not speak
English. Id. at 222. Whether the defendant appeared to understand the
officer’s English questions and commands is a relevant consideration. Id. at
223. So is the unavailability of an interpreter. State v. Baraki, 981 N.W.2d 693,
698–700 (Iowa 2022). No case law requires an officer to affirmatively engage
less reliable methods of translation—like an automated internet service or
Reh’s “friend”—and we are not inclined to adopt such a rule for the first
time.
After a complete review of the record, we have little to add to the
district court’s thorough oral ruling. The ruling accurately summarized the
evidence and correctly applied the facts to the law. We affirm without further
opinion. See Iowa Ct. R. 21.26(1)(e).
AFFIRMED.
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