Tag: preliminary breath test

Calibration Matters

Thousands of people each year are subjected to preliminary breath tests (PBTs) by Iowa law enforcement officers in an effort to determine their alcohol concentration as part of criminal investigations.  One of the most frequent situations in which PBT’s are used are to determine if a person should be arrested for operating while intoxicated or if implied consent should be invoked.  Officers are required by law to not only calibrate their preliminary breath testing devices each month but are also required to keep a log of these calibrations and the failure to do so can have significant consequences.  Attorney Matt […]

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Dry Gas Expiration Date . . . The Weakest Link of the PBT Log

As part of our pretrial discovery process, GRL Law routinely scrutinizes the contents of PBT logs. Why? Because record keeping errors can prevent the PBT from triggering implied consent.  If there’s a defect in the implied consent process, then the driver’s operating privileges won’t be revoked.  The breath test or refusal may also be inadmissible at trial in the companion criminal case. Last spring, this administrative regulations for PBT logs added for the first time the expiration date of the standard used to the list of required information. Did law enforcement agencies get the memo?  From what we can tell, […]

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ALL CHARGES DISMISSED due to Faulty PBT Logs

Wright County, Iowa- A GRL Law client was stopped for alleged erratic driving.  Officers requested that she complete field sobriety tests, and the client submitted to that request.  The client then submitted to a PBT and was taken to the station for further testing. The client supplied a breath test which was over the legal limit.  Mr. Gangestad filed a motion to suppress the breath test result because the preliminary breath test (PBT) calibration logs did not comply with the Iowa Code and therefore invalidated the PBT result.  The breath test result was excluded from trial and all charges were […]

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One County, One Mistake, Two Cases, Two Wins

Charles City, Floyd County, Iowa.  GRL Law discovered that the preliminary breath test calibration logs for Floyd County Sheriff’s Office did not comply with the Iowa requirements and had not complied for many months.  Because of this, we were able to save the full and commercial driving privileges of two separate clients and also successfully resolved their criminal cases with simple misdemeanor offenses.  It pays to conduct thorough investigations of every case.  Licensed saved!  Operating While Intoxicated charges avoided!

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Incomplete PBT Logs Lead to Suppression of Test Result

Polk County, Iowa- A GRL Law client was stopped for alleged erratic driving.  Officers requested that he complete field sobriety tests, but the client politely refused the tests.  The client then submitted to a PBT and was taken to the station for further testing. The client supplied a breath test which was over the legal limit.  Mr. Gangestad filed a motion to suppress the breath test result because the preliminary breath test (PBT) calibration logs did not comply with the Iowa Code and therefore invalidated the PBT result.  This prompted the county attorney to suppress the chemical test result and […]

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Public Intoxication Charge Dismissed at State’s Cost

Sometimes police are way too aggressive in their attempts to ferret out crime.  When that occurs, the criminal defense attorneys at GRL Law are often called to secure justice for the accused. A perfect example of this happened recently in Ankeny. Our client was simply walking on a sidewalk when the police approached in a patrol car.  Small talk soon led to a request for field sobriety and breath testing, both of which were politely refused.  When the officer announced he was making an arrest, our client offered a breath test. The result? 0.019 percent alcohol.  Maybe a beer’s worth.  […]

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Uncertified Officer with Uncertified Preliminary Breath Test Results in OWI Being Avoided and Driving Privileges Saved

Rock Rapids, Lyon County, Iowa.  GRL Law’s client was charged with Operating While Intoxicated and faced a 6 month license suspension and up to one year in jail.  During the discovery phase of the case, GRL Law uncovered that the initial investigating and arresting officer was not a certified police officer in the state of Iowa at the time of the investigation.  The officer had recently moved to Iowa after being a State Trooper in the state of Washington.  Iowa law requires that officers who investigate operating while intoxicated offenses be certified in the Iowa procedures and protocols.  On top […]

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