Polk County, Des Moines, Iowa. OWI second offense charge was amended to reckless driving and the client's driver's license was saved because the officer failed to offer the client a preliminary breath test or arrest him for OWI prior to asking him to submit to the official Datamaster breath test. Iowa law requires one of seven conditions to be present before an officer can legally ask for a blood, breath, or urine test and when none of those conditions are present, the breath test result from the station cannot be used in the criminal proceedings and it cannot be used to revoke the person's license. That is precisely what happened in this case and as a result, the State was forced to amend the criminal charge and the DOT could not suspended the client's driver's license.
