Officer Lacked Evidence to Offer Preliminary Breath Test

A Winneshiek County Deputy responded to a rollover accident.  Upon talking with the client, he observed no injury nor signs of impairment and offered him a preliminary breath test to say he looked into it.  When the pbt result showed a high level of alcohol the deputy began his OWI investigation.  Because the deputy lacked cause to offer the preliminary breath test, the State agreed to suppress all evidence obtained after the test.  The charge was amended to reckless driving and public intoxication and the client retained his driver's license.