The Preliminary Breath Test, or, PBT, is a breath test administered on the SFST test subject in the field after the officer has conducted all other field sobriety testing and believes he or she has reasonable grounds to invoke implied consent.
Recently, a passive sample cup mouthpiece was observed in a Cedar Rapids, Iowa, OWI (DUI) traffic stop. A training officer advised a trainee it was "not a PBT" and proceeded to administer it prior to determining if standardized field sobriety tests produced the requisite reasonable grounds to request a bona fide PBT pursuant to Iowa Code 321J.5.
In pedestrian public intox investigations, law enforcement officers sometimes rely on preliminary breath test (PBT), or, portable screen devices certified by the Department of Public Safety for drunk driving cases. But do suspects have to comply with the requested PBT?
The State can prove an OWI in the State of Iowa in a variety of ways. One is the presumptive level of intoxication in Iowa, which the Datamaster DMT may provide to the prosecution.
Tobacco and food saturated with alcohol in the test subject's mouth, or, mouth alcohol, can provide a Datamaster DMT false positive or otherwise exaggerate the BrAC test result.
The One Leg Stand is typically the last standardized field sobriety test(SFST) that law enforcement officers use before asking for a preliminary breath test. But what does it measure?
This is the eighth in a series entitled "best options" for Cedar Rapids OWI (DUI) defendants. DAC-LAW PLC explains the how a defendant must prevail in a DOT revocation appeal hearing-- and beyond-- to reacquire his or her privilege to operate a motor vehicle in Iowa.
Mark Twain said there are lies, damn lies, and statistics. Look closer at the NHTSA-funded study in Colorado over two decades ago that SFST proponents continue to cite to bolster their support for roadside field sobriety tests.,
This is the third in a series entitled "best options" for Iowa OWI (DUI) defendants. DAC-LAW PLC explains why it is important to hire an attorney to discuss the best options among classes and treatment options.
Some law enforcement believe that the right to a phone call is to facilitate their OWI investigation and the decision to either refuse or consent to the Datamaster DMT test. Not so.
The federal transportation agency commissioned a study to validate its standardized field sobriety tests in 1998. But are they heavily weighted to men or just generally unscientific?
This is the seventh in a series entitled "best options" for Iowa OWI (DUI) defendants. Defendants are sometimes faced with a number of options when considering plea agreements in the first time drunk driving context.
This is the ninth in a series entitled "best options" for Cedar Rapids OWI (DUI) defendants. DAC-LAW PLC explains the how the prosecution will attempt to leverage the subjective observations of the officer to bolster weaker scientific evidence on intoxication.
Prosecution of a Cedar Rapids, Iowa OWI (DUI) is like a bomb going off in the Defendant's life. The damage directly in the blast radius, intended by those prosecuting the target, are called direct consequences. Indirect consequences that are not intended by the prosecution and are not necessarily directly, causally related, or considered collateral consequences, much like the euphemism 'collateral damage' describes unintended and peripheral consequences of an errant bomb.
Non-certified law enforcement operators use the Datamaster DMT machine to conduct so-called non-memory tests for purposes other than to collect evidence in an OWI case.
This is the seventh in a series entitled "best options" for Cedar Rapids OWI (DUI) defendants. DAC-LAW PLC explains the court apperances in a typical OWI prosecution. By the way, the answer is, more often than not, "yes."
The Datamaster DMT is a machine designed and built by human beings. It's not perfect. As such, it is subject to its own imperfections as well as outside influences. Therefore, its manufacturer has published, and the Iowa Department of Public Safety, have acknowledged it has a margin of error.
This is the second in a best options series about the choices available to someone charged with an Iowa OWI (DUI). In this article, DAC-LAW PLC discusses substance abuse evaluations.
The Walk and Turn is one of a battery of standardized field sobriety tests (SFSTs) that law enforcement officers use to establish reasonable grounds to invoke implied consent, and, further, to build probable cause to make an arrest in the field.
Iowa OWI (DUI) defendants sometimes believe standardized field sobriety tests are mandatory. They're voluntary.
Iowa OWI defendants are sometimes surprised to learn that the police officer isn't an objective eyewitness in a drunk driving prosecution. Are they trained to trick OWI suspects into demonstrating confusion and then to highlight it at trial?
This is the fifth in a series entitled "best options" for Iowa OWI (DUI) defendants. DAC-LAW PLC explains the difference between the PBT and the Datamaster DMT breath tests.
A law enforcement officer ask to a motorist to step out of his or her car if they detect the odor of alcohol and otherwise believe a motorist may be intoxicated.
Police follow motorists, run plate numbers through in-car computers and dispatch at will, and look for minor traffic violations to pull over motorists that they otherwise suspect of wrongdoing without more evidence. Can they do that?
This is the fourth in a series entitled "best options" for Iowa OWI (DUI) defendants. The driver's license revocation is sometimes the single largest consequence to an OWI investigation. Separated from the criminal prosecution and imposed before a jury trial on the merits, should OWI defendants apply resources to the DOT administrative process?
This is the first in a series entitled "best options" for Iowa OWI (DUI) defendants. Choices are personal. Options in an Iowa drunk driving prosecution are professional, based on equal parts evidence, expertise, diligence, and communication.
This is the second in a series entitled "best options" for Iowa OWI (DUI) defendants. Choices are personal. Options in an Iowa drunk driving prosecution are professional, based on equal parts evidence, expertise, diligence, and communication.
In phase three, the goal is to have the motorist exit the vehicle and consent to standardized field sobriety tests. The test administrator is tasked with performing the SFSTs in a standardized manner, observing the test subject's performance, and accurately documenting the results.
An Iowa OWI (DUI) investigation almost always results in a request for a bodily sample, usually breath, in the form of a Datamaster DMT test. A Datamaster DMT test failure or refusal results in an administrative driver's license revocation even before the prosecution begins. Can the Iowa DOT take away a test subject's license before they are found guilty in a criminal prosecution?
The federal transportation agency has chosen a side in an Iowa OWI (DUI) prosecution and it is not the defense.
The HGN, or, Horizontal Gaze Nystagmus test is a standardized field sobriety test, or, SFST. Law enforcement officers are instructed to conduct it in a standardized way and look for standardized clues.
This is the sixth in a series entitled "best options" for Cedar Rapids OWI (DUI) defendants. DAC-LAW PLC explains the substance abuse evaluation requirement.
Police in Iowa stop motorists for a variety of reasons including “pretext.” A pretext is a simple, but fictitious, reason which an officer might otherwise overlook if he or she did not otherwise suspect a driver was impaired.
In phase two, the goal is to personally observe the driver. The idea is for Officer Friendly to get close enough to conduct the three "S" inquiry-- sight, smell, and sound. Do the driver's eyes look blood shot and watery? Does Officer Friendly smell the odor of an alcoholic beverage? Do they see an open container?
An Alford plea is consent to a finding of guilt without an admission of guilt and without forcing the State to meet its burden before the jury.
Law enforcement are allowed to request a breath, blood, or urine sample if they have reasonable grounds to believe that an SFST test subject is intoxicated. But what's the difference among them?
People are often surprised to know what an OWI (DUI) in Iowa is-- and what it isn't.