cedar rapids / iowa city criminal and OWI-DUI defense

72 Iowa City, Coralville, and North Liberty OWI (DUI) breath Tests So Far DecEMBER 2017

​UI Police Machine Throws Error Code​​

by David A. Cmelik Law PLC

In December, there were 72 Datamaster DMT breath test requests among all of the Johnson County law enforcement DMT locations with an average of 0.112196078 g ETOH/210 L breath and 0.111509804 g ETOH/210 L breath between the two sample tests of each test subject, respectively. Iowa City, Coralville, and North Liberty, are all part of Johnson County, Iowa. A Datamaster DMT is an evidentiary breath test machine that measures the level of alcohol in someone’s breath. A breath sample in excess of .08 g ETOH/210 L breath is presumptively intoxicated in the State of Iowa. It is by law equivalent to .08 g ETOH/100 mL blood.

There were 12 refusals, 14 zero tests, 5 incompletes, and one invalid. “It should be noted,” if I may borrow some law enforcement narrative passive voice phraseology, that on December 8, 2017, 1:47 AM, the University of Iowa DMT serial number 146706, experienced an anomaly and threw an error code: filter 2 won’t zero.

It does appear that no additional maintenance has been performed on Serial No. 146706 since June 2, 2017, when James Bleskacek of the Iowa Department of Public Safety DCI criminalistics lab recertified the machine for use.

Twenty more tests were conducted using Serial No. 146706 since the error message and these tests did not appear to display an error message.

If you or a loved one has been arrested for OWI (DUI) in Cedar Rapids, Iowa City, Anamosa, Vinton, Waterloo, or anywhere else in Linn, Johnson, Jones, Benton, Black Hawk, or other Iowa counties, please contact David A. Cmelik Law PLC, 319-389-1889, http://www.daclawfirm.com, for a free ½ hour initial consultation today. Remember that a blog is not legal advice and no attorney-client relationship is established by reading a blog or sending unsolicited information to an attorney over the Internet.  

Power Point Sheet for Common Drink Sizes ILEA SFST training powerpoint

1450 Boyson Road Suite C-2A Hiawatha, Iowa 52233 319-389-1889

Conventional wisdom. ​The Iowa Law Enforcement Academy and the National Highway Traffic Safety Administration (NHTSA) consider that one "drink" typically contains a little over a half ounce of pure ethanol, that 12 ounces of beer, one and one half ounces of 80 proof hard liquor, or five ounces of wine, are the equivalent of "one drink" for purposes of metabolization in a Cedar Rapids, Iowa, OWI (DUI) investigation. They further roughly calculate that each such "drink" contains .02 g per 210 L breath until the body has completely dissipated all such alcohol from the body. Therefore, if someone has enough alcohol in their breath to provide a sample of .08 g ETOH/210 L breath, they have consumed but have not yet been able to metabolize the equivalent of four drinks. When Officer Friendly invokes implied consent, they usually have already asked how much a motorist has had to drink and been able to review performance on so-called standardized field sobriety tests, or, SFSTs.​ If you or a loved one has been arrested in Cedar Rapids or other Iowa community for OWI (DUI), a drunk driving offense,, contact David A. Cmelik Law PLC today for an initial consultation. Source for image: Iowa Law Enforcement Academy SFST Power Point Training Manual