Popped for popping? Increasingly, officers are beginning to identify OWI defendants as "impaired." They are noting in their reports that the Defendant appears to be impaired "by alcohol or a combination of another substance or substances and/or alcohol." Of course, if the Defendant provides a breath, blood, or urine sample below or near the legal limit, the officer has created his or her own license to argue that a low test result doesn't tell the whole story. Get legally informed. Contact David A. Cmelik Law PLC today for a free 1/2 hour initial consultation.
How much have you had to drink tonight? Officers will often begin their interaction with a motorist with a 'pretextual stop,' or, a stop that is based on a minor traffic or equipment infraction. This gives them the opportunity to observe up-close the defendant, including the odor of alcohol, bloodshot watery eyes, thick-tongued or slurred speech, and fumbling with the task of obtaining license and registration. If the officer believes the motorist is intoxicated, they will ask him or her to step out of the vehicle to conduct so-called standardized field sobriety tests.
An officer may ask that a motorist submit to a preliminary breath test if he or she has reasonable grounds to believe that a motor vehicle operator may be violating the statute against impaired driving or the operator has been involved in a motor vehicle accident resulting in injury or death.
Before an officer asks a motorist to submit to the preliminary breath tests, he or she will generally request that the driver step out of the car to conduct other tests—like the horizontal gaze nystagmus, or, HGN, the Walk and Turn, and the One Leg Stand.
Defendants sometimes confuse the preliminary breath test and the more reliable Datamaster test because both require a breath sample. The PBT is so unreliable that its results are inadmissible before the jury. However, the PBT may be used as one of a battery of standardized field sobriety tests to determine if further reasonable grounds exist to invoke implied consent and require the Datamaster at the stationhouse.
If you or a loved one has been arrested for OWI (DUI) in the State of Iowa, contact David A. Cmelik Law PLC at www.daclawfirm.com or 319-389-1889 for an initial consultation. Remember, however, that reading a blog or sending unsolicited information to an attorney do not create an attorney client relationship.
If you or a loved one has been arrested for OWI (DUI) in Iowa, contact David A. Cmelik Law PLC for an initial consultation today.
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