PBT Log Out of Date = License Saved and OWI Avoided

Fort Dodge, Webster County, Iowa.  GRL Law’s investigation revealed that the arresting officer failed to keep his Preliminary Breath Test (PBT) devise properly calibrated and documented as required by Iowa law.  The officer based his request for a breath sample at the station upon the PBT test result.  Failure to comply with the calibration, documentation and reporting requirements required that the judge disregard the preliminary breath sample result.  Without that result, the officer did not have the legal requirements to invoke the procedures of Iowa’s implied consent law.  As a consequence of all of this, the Iowa DOT could not disqualify client’s license based upon the breath test result.  The prosecution agreed to exclude the test result and amended the operating while intoxicated charge to a simple misdemeanor offense of reckless driving.