Records Matter

Preliminary breath testing devices (PBTs) are used by law enforcement when determining whether to make an arrest for OWI. A failed PBT also serves as one of the necessary legal basis for invoking implied consent. Given the reliance on these devices, they are required to be calibrated monthly. The failure to have the required calibration records when the failed PBT was the only lawful basis for requesting the formal breath test, allowed this GRL client have his formal breath test result thrown out at court. Ultimately the client was able to save his driver’s license and his OWI charge was completely dismissed.

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