Lack of PBT Calibration Records Proves Fatal to Breath Test

posted by Matthew Lindholm on Monday, April 24, 2017

Keokuk County Iowa.  Client was charged with OWI Second offense after refusing to submit to a breath test.  The only basis the officer had for legally requesting a breath test was because the client submitted to and failed a preliminary breath test (PBT).  Under Iowa law, PBT's are required to be calibrated on a monthly basis and records of the calibration are required to be kept by the law enforcement agency.  Upon a request for those calibration records, it was discovered that they did not exist.  In light of this, the DOT was unable to suspend the client's license and the criminal charge was amended to public intoxication and reckless driving.
  1. iowa department of transportation
  2. matt lindholm
  3. results - drunk driving

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Mr. Lindholm has been named to the Top 40 Under 40 and selected to the Super Lawyers list for the third straight year in 2015.  He has also repeatedly been named Avvo's Client Choice and Top Attorney for DUI defense with a Superb rating of 10.0 out of a pos ... read more