Officer Lacked Evidence to Offer Preliminary Breath Test

posted by Scott Michels on Thursday, August 16, 2018

A Winneshiek County Deputy responded to a rollover accident.  Upon talking with the client, he observed no injury nor signs of impairment and offered him a preliminary breath test to say he looked into it.  When the pbt result showed a high level of alcohol the deputy began his OWI investigation.  Because the deputy lacked cause to offer the preliminary breath test, the State agreed to suppress all evidence obtained after the test.  The charge was amended to reckless driving and public intoxication and the client retained his driver's license.
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About The Author

Mr. Michels grew up in Osage, Iowa where he graduated from Osage High School in 2000. He then attended Upper Iowa University in Fayette, Iowa where he graduated, magna cum laude, in December 2003 with Bachelor of Arts degrees in Criminology and Psychology. At UIU, M ... read more