Should I Blow? Iowa DUI Breath Tests And Your Rights
There are several things to consider when deciding whether to submit to a breath test.
Law enforcement uses several kinds of chemical tests to measure alcohol and drugs in your body. First, not long after they stop you, they will probably offer you a preliminary screening test, also called a preliminary breath test or PBT. That's the little handheld device they'll ask you to blow into. PBT results are not admissible in court. Therefore, the PBT is mainly used to determine whether there's probable cause for arrest.
Later, when you get to the station (or wherever you're being detained), they will offer you a more "official" test. Usually, police offer a breath test -- a breathalyzer, or "Datamaster." Using the breathalyzer, police will measure your blood alcohol concentration BAC. Because external factors may skew Datamaster results, it's essential to review breathalyzer findings with an Iowa OWI lawyer.
Iowa OWI Breath Tests
Iowa OWI charges vary in severity. A first offense is a serious misdemeanor. A second offense is an aggravated misdemeanor. A third or subsequent offense is a class D felony. When considering whether to consent to a chemical test, weighing the consequences is essential. What happens if you refuse a breath test? What happens if you take a breath test and fail?
Implied Consent
Anyone who drives a car in Iowa needs to know about Iowa's implied consent law.
Implied consent means you have agreed in advance to let a police officer test your blood, breath, or urine for alcohol or drugs. Implied consent applies when an officer has "reasonable grounds" to believe you're operating under the influence.
To withdraw your implied consent, you simply refuse to consent to an officer's request for chemical testing. If you do this, there will be consequences. However, there are times when the benefits of revoking your implied consent outweigh the consequences of refusing a chemical test.
Whether you should refuse testing depends on several factors. You'll need to quickly reflect on what the police can prove and the potential consequences to make the right choice.
Consequences for Refusing Iowa DUI Breath Tests
If you refuse a breath test, the results can't be used against you at trial. That's the upside of refusal. Refusing a breath test might be a good idea for some people under some of the following circumstances:
- You're ineligible for a deferred judgment anyway.
- You think you're likely to fail the test.
- You did well on, or refused field sobriety tests, depriving the prosecution of behavioral evidence of guilt.
There are drawbacks to refusing a chemical test, though. Some of those drawbacks include:
No Possibility of Deferred Judgement
You are not eligible for a deferred judgment if you refuse a breath test. Then again, you are also not eligible for a deferred judgment if you have previously had two or more deferred judgments, already had a deferred judgment or conviction for DUI, blew over a 0.15 on the Datamaster, or if your OWI injured someone or caused property damage.
