Updated: May 31
Simply put, the deprivation time is the required 15 minute wait between the time that an officer inquires, insists, and observes that a test subject has nothing in his or her mouth, including but not limited to gum, chewing tobacco, food, or other foreign consumable substances that have the potential to absorb alcohol.
Though the State of Iowa DCI crime lab purports to be undeterred by tongue rings or dentures, I have successfully argued before the jury that dentures and chewing tobacco escaped an officer’s attention during the required deprivation time of a Datamaster DMT test administration. Who knows what the jury believed because every case is different.
Particularly high tests can be the result of residual mouth alcohol which against which the deprivation time is designed to guard.
If you or a loved one has been arrested for OWI (DUI) in the State of Iowa, contact us for a free initial consultation today.
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