Deprivation Period No Followed Results in Reduced Charges

Delaware County, Iowa.  The Iowa Administrative Code requires that the operator of a preliminary breath testing device follow the manufacturers requirements for utilizing that device.  The manufacturer requires a fifteen minute deprivation period prior to administering a preliminary breath test in order to avoid any false positive results.  In this case the arresting officer failed to follow the fifteen minute deprivation period after having the client removing chewing tobacco.   As a result of the officer’s failure to observe the deprivation requirements, the client’s breath test result was ultimately thrown out and not admissible at court and the OWI charge was amended to public intoxication.  As a result the DOT was unable to suspend his driver’s license for the failed breath test.