Incomplete PBT Logs Lead to Suppression of Test Result

Polk County, Iowa- A GRL Law client was stopped for alleged erratic driving.  Officers requested that he complete field sobriety tests, but the client politely refused the tests.  The client then submitted to a PBT and was taken to the station for further testing. The client supplied a breath test which was over the legal limit.  Mr. Gangestad filed a motion to suppress the breath test result because the preliminary breath test (PBT) calibration logs did not comply with the Iowa Code and therefore invalidated the PBT result.  This prompted the county attorney to suppress the chemical test result and the court granted the client a deferred judgment.  Jail time was avoided, as well as a lengthy driver’s license revocation.