No Refusal of PBT and No Arrest Means No Refusal at the Station

West Des Moines, Dallas County, Iowa.  OWI charge amended to Reckless Driving and driving privileges reinstated when officer did not properly invoke implied consent.  Police officer did not obtain a clear refusal of the preliminary breath test and did not place client under arrest for operating while intoxicated prior to requiring a decision regarding breath testing at the law enforcement center.  This allowed GRL Law to get client's refusal of testing at the station excluded, the charge amended to a simple misdemeanor and client's driving privileges reinstated.

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