Zero sum game. ​With five zero-test results, SFST administration this month begs the question: are the grounds justifying the invocation of implied consent truly reasonable or are officers making a mistake assuming alcohol intoxication? Of course, officers will immediately crow that DRE test protocols require a DMT test to rule out​ alcohol intoxication and further testing to confirm intoxication with a drug other than alcohol. 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

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38 Linn OWI (DUI) breath Tests So Far THIS DECEMBER '17

by David A. Cmelik Law PLC


In December, 38 OWI (DUI) evidentiary breath test requests in Linn County so far this month. The two Datamaster DMT machines in use in Linn County—one at the Linn County Jail and one at the Marion Police Department—have been relatively busy this month, accounting for 1.8 tests per day so far in December 2017.

There have been five incomplete tests, two refusals, and 1 invalid test. As usual, it is overwhelmingly weighted toward male tests with 34 males and just 4 females tested in the first three weeks of December 2017. 

Just three tests were conducted at Marion Police Department with 35 conducted at Linn County Jail.

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,, 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.  

zero in middle of ones and zeroes red artwork

cedar rapids / iowa city criminal and OWI-DUI defense