Preliminary Breath Test - Breathalyzer - Field Sobriety Breath Test For Alcohol

Gourley, Rehkemper & Lindholm
Protecting The Rights Of Iowans
OWI - DUI Defense Attorneys

January 18 2012 - Webster City, Hamilton County, Iowa. Client's 1st OWI Offense was amended to Public Intoxication after defendant�s motion to suppress was granted due to the officer violating defendants right to place phone calls after the arrest. License was spared.

January 17 2012 - Boone, Boone County, Iowa. Client was charged with OWI 1st Offense and driving while drugged. charge was amended to Public Intoxication after motion to suppress was granted as a result of officer not complying with urine sample collection requirements. license was spared.

January 10 2012 - Ankeny, Polk County, Iowa. 1st Offense OWI, Reckless Driving charge amended to driving left of center. Charges were dismissed and License was spared.

December 13, 2011 - Pocahontas, Pocahontas County, Iowa. Not Guilty of OWI Third Offense (Class D Felony) and Two Counts of Child Endangerment (Aggravated Misdemeanors). Judge granted defenses Motion for Judgment of Acquittal following the State resting its case.

November 28, 2011 - Oskaloosa, Mahaska County, Iowa. First Offense OWI/DUI dismissed after court grants defendants motion to suppress evidence. driving privileges spared.

November 02, 2011 - Urbandale, Polk County, Iowa. 1st Offense OWI Operating While Intoxicated 1st Offense charge amended to Reckless Driving.

October 27, 2011 - Jefferson, Greene County, Iowa. 1st Offense Operating While Intoxicated (DUI) amended to improper headlamp. license saved and OWI charge was avoided.

NOT GUILTY BY JURY TRIAL: OWI - 1st Offense
West Des Moines, Polk County, Iowa

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Determining Drunkenness?

Preliminary Breath Test Machine - Breathalyzer - Used to test breath for alcohol

The preliminary breath test is the handheld breath test that is given to a driver while still 'in the field'.

It is a light and portable device that does not have all of the same protections against invalid test results as is present in the breath test machine that is used for evidentiary purposes.

Unreliable Results

As a consequence, the results of a preliminary breath test are considered by law, to be “inherently unreliable” and the numeric test result is not admissible in any proceeding against a person charged with operating while intoxicated.

Breathalyzer Determines Drunkenness for Arrest

However, as ironic as it may be, the officer does use the results to determine whether or not to arrest the person. An officer can still arrest a person even if the preliminary breath test result comes back under the legal limit.

For more information please contact
one of our expirenced attorneys today!

Call 1.888.278.1027

GRL's attorneys frequently appear in the courts in Des Moines, Iowa and West Des Moines, Iowa (Polk County), Waterloo and Cedar Falls, Iowa (Black Hawk County), Cedar Rapids, Iowa (Linn County), Iowa city, Iowa (Johnson & Washington County), Omaha and Council Bluffs, Iowa (Pottawattamie County), Davenport, Moline, Rock Island, Iowa (Scott County), and Sioux City, Iowa (Woodbury County), as well as Dubuque, Monroe, De Soto, Nevada, Story City, Pleasant Hill, Capitol Heights, Marquisville, Urbandale, Clive and Windsor Heights, Iowa, and all other areas in Iowa.

Attorney Cory Gourley, Attorney Robert Rehkemper & Attorney Matthew Lindholm, the founders of Gourley, Rehkemper & Lindholm represent people in legal matters involving criminal prosecution for felony & misdemeanor charges, residential real estate, business law and contracts, divorce and family law and personal injury.