PBT Calibration Records Matter

Keokuk County Iowa.  Client was charged with OWI Second offense after refusing to submit to a breath test.  The only basis the officer had for legally requesting a breath test was because the client submitted to and failed a preliminary breath test (PBT).  Under Iowa law, PBT's are required to be calibrated on a monthly basis and records of the calibration are required to be kept by the law enforcement agency.  Upon a request for those calibration records, it was discovered that they did not exist.  In light of this, the DOT was unable to suspend the client's license and the criminal charge was amended to public intoxication and reckless driving.