Humboldt County Iowa- Sometimes it is the the little things that count the most. Attorney Matt Lindholm was recently able to secure a dismissal of an OWI first offense charge following disclosure that the preliminary breath testing records had not been kept in accordance with Iowa law. This disclosure allowed the breath test results in the case to get thrown out resulting in the dismissal of the criminal charge. As a result of the breath test results being thrown out, the client's drivers license was saved as well. Although a preliminary breath test result is not admissible at trial, it can serve as a basis for invoking implied consent. However, when a failed preliminary breath test result is the only basis for invoking implied consent and the calibration records for that device and not kept as required by law, the ending result is suppression of the formal breath test result or breath test refusal.
