Story County, Iowa. People are often confused about what a failed breath test in an OWI case means. Many people think you are automatically guilty of the criminal offense, others don’t have any idea that a failed breath test has any implications in the criminal case and is only associated with a person’s driver’s license. This similar confusion is also shared by law enforcement officers and recently attorney Matt Lindholm was able to get his client’s breath test result thrown out and the OWI charge for his client dismissed because the arresting officer shared this confusion. The reality is, that a failed breath test or breath test refusal impacts both a person’s driver’s license and the criminal proceedings. However, in this case the officer told the client that is would only have an impact on the person’s license which was not true and rendered the clients decision to consent to the test involuntary. Ultimately the charge was dismissed when the breath test was deemed inadmissible and the client did not lose his driver’s license.
