Breath Testing

Iowa DataMaster Breath Test Device

Far and away, the most popular evidentiary test given to motorists to determine their alcohol concentration in the State of Iowa is breath.  The initial decision on what type of bodily fluid to request for purposes of chemical testing is the arresting officer's.  The officer may request, breath, blood or urine.  Under most circumstances this request is being made at the police station after the person has been arrested.  In these circumstances, breath is what is ordinarily requested because the breath test machine is installed and presumably functioning there at the police station.  These tests are inexpensive to administer and take approximately 3-5 minutes.

Iowa DataMaster DMT

Iowa now uses the DataMaster DMT breath testing device, produced by National Patent Analytical Systems, Inc., based out of Mansfield, Ohio. (http://www.npas.com). 

The DataMaster DMT uses infrared absorption spectrometry technology to measure the concentration of alcohol molecules in the breath sample submitted into the machine.  This machine measures both the alcohol concentration in the individual’s breath sample but also the volume of breath submitted as well.  

Iowa DataMaster Graph

In Iowa, the machine is programmed to print out a graph that shows both the alcohol concentration curve as well as the breath volume curve.

The purpose of the breath volume curve is to provide a visual display of the “quantity” of breath sample being provided into the machine for the test.

This graph display theoretically will limit arguments from either side that the individual submitting to the test either did or did not provide an adequate sample of their breath for the test. 

The graph looks something like the photo to above.

Final Breath Test Results

To prevent officer and test subject “manipulation,” the machine does NOT display a numeric test result until the end of the test, when the sample is accepted and the test is complete. 

The final results are printed off to the left of the graft and may look like the above image.

The “subject sample” is the numeric test result that is reported.  The same breath sample is tested twice by the machine.

Iowa State Requirements to use Breath Tests Results as Evidence

There are a number of requirements that must be followed before an evidential breath test result may be admitted against an individual in an operating while intoxicated case.

• First, the implied consent procedures must have been properly followed.
• Second, the officer must be certified to operate the breath test device. 
• Third, a certified breath test machine must be used.
• Fourth, the officer must follow the proper procedures set forth by the Iowa Department of Criminal Investigation. These procedures include a 15 minute deprivation period that absolutely must be followed in every case.

If the basic evidential foundational requirements are met, the test result can be presented to the jury and the question becomes whether or not the breath test accurately represents the subjects true alcohol concentration at the time they were operating the vehicle.  This is where defenses such as rising alcohol, mouth alcohol, interfering medical conditions such as Acid Reflux or GERD, partition ration, margin of error, statistical uncertainty, electronic interference, and others, may come into play.

See also: Breathalyzer

Iowa OWI Defenders
contact us at 1-888-278-1027

Gourley, Rehkemper & Lindholm
IOWA DRUNK DRIVING DEFENSE LAWYERS
303 Locust Street, Suite 200
Des Moines, Iowa 50309

Phone: (515) 226-0500
Toll free: 1-888-278-1027

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You can also get directions and see an enlarged map of the area surrounding the attorneys' offices at 303 Locust Street by clicking on the links above or the words in this paragraph.

free initial consultation

If you or someone you care about has been arrested for drunk driving or an intoxication related offense, remember that an arrest is not a conviction; there are many, many reasons why an OWI charge may be wrong. If the driver doesn't believe that he or she was drunk, that very well may be the case; breathalyzers can malfunction. There are also many other reasons for improper drunk driving accusations. We know, we find them all the time.

call Iowa OWI Defenders at 1-888-278-1027

For a free initial consultation, please call the law offices of Attorney Robert Rehkemper and Attorney Matthew Thomas Lindholm at (515) 226-0500, or if you are located outside the local Des Moines, West Des Moines, Iowa area, use our toll free number, (1-888-278-1027).

Send your OWI Arrest Information To An Attorney

You can also send details about your OWI arrest to the attorneys with the CASE SUBMISSION FORM. That form is very handy for after-hours communications, to give the attorneys a head's-up that you will be calling, or to leave a message for one of them to call you back. While arrest and charge information is public, be sure to exclude any confidential information.

prepare for consultation

The attorneys at Gourley, Rehkemper & Lindholm are extremely detail-orientated; they want information from you pertaining to every aspect of your case including your and police actions prior to the police stop, preliminary to your arrest, during arrest and after arrest.

An OWI DUI Questionnaire Form is ready for you to print and complete to prepare for your consultation with an attorney.

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Gourley, Rehkemper & Lindholm founded the Driver's Rights Card to protect people's rights if ever they're stopped in Iowa by police for suspicion of operating a motor vehicle while under the influence. Protect your freedom - get the free card.