The state recently moved to amend a charge to public intoxication from OWI in a North Iowa case involving a test refusal.
Why the amendment?
The drunk driving attorneys at GRL Law were prepared to show that our client, a lifetime smoker, never refused testing. Instead, the officer deemed her to have refused after a third incomplete DataMaster DMT test.
The multiple incomplete tests were due to our client’s inability to provide an acceptable breath sample meeting all of the test parameters. Nothing more.
The officer could have instead requested that she submit a sample of blood or urine. Those are permissible alternatives to breath under Iowa’s breath testing program.
The trial attorneys at GRL Law know the state’s breath testing device inside and out. We’ve been to manufacturing facility in Mansfield, Ohio and learned about breath testing on the unit from those who engineered the DataMaster DMT protocol.
If there’s a defense to chemical testing, then can trust the drunk driving attorneys at GRL Law to leverage it.