Before an arrest for OWI, the police officer will likely request a preliminary breath test (PBT). This test is used to assist the officer in making the decision to detain, arrest, or release the driver.
After being detained or arrested, and then transported to a local police station, the police officer may request an additional breath test. This test is often collected with a Datamaster breath machine.
The results of this test are more accurate than the PBT, and are considered by the Court as the true blood alcohol content for purposes of granting a deferred judgment or for other use in the criminal case. The PBT is generally irrelevant following arrest.
If the officer has reasonable suspicion to make the arrest, then there is a penalty for refusing a request to provide a breath sample. Refusing the request can result in an increased driver’s license sanction, and can eliminate the opportunity for the driver to be granted a deferred judgment.
Call us today to discuss your OWI breath test at 319-820-0444.