Chew in Mouth Results in Breath Test Being Excluded

posted by Robert Rehkemper on Monday, August 31, 2015

Belle Plaine, Benton County, Iowa. Chew in client's mouth resulted in the breath test result being declared inadmissible at trial. The arresting officer honestly admitted at the DOT license suspension hearing that he failed to check client's mouth or ask him if he had anything in his mouth prior to submitting to the breath test at the station. The officer also honestly admitted that it turned out that the client had tobacco chew in his mouth during his submission to the breath test. This resulted in the prosecution agreeing the the forensically mandated 15 minute deprivation period was not complied with and the breath test result should be excluded at trial. Operating While Intoxicated charge was then amended to the simple misdemeanor offense of Reckless Driving. Driving privileges were reinstated.
  1. results - drunk driving

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Mr. Rehkemper was selected to the Super Lawyers list for the sixth straight year in 2018, and has repeatedly been named Avvo’s Client Choice and Top Attorney for DUI defense with a Superb rating of 10.0 out ... read more