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 of this, GRL Law uncovered that the preliminary breath test device that the investigating officers used had not been properly calibrated and documented as required by Iowa law.  All of this resulted in the OWI charge being amended to a simple misdemeanor and our client’s driving privileges being saved.