Monday, April 27, 2020

Cedar Rapids DUI win in breath test 15-minute deprivation case

The David A. Cmelik Law PLC firm recently successfully suppressed a Datamaster DMT test result in a Cedar Rapids, Iowa, OWI (DUI) case because of a negative slope issue and a failure to fulfill the 15 minute deprivation period. The drunk driving defendant was not convicted of OWI and their license was immediately reinstated because of the suppression of the DMT test result. 

The idea behind the deprivation period is to make sure no foreign substances or foreign objects interfere with the alcohol sensor and throw a "false positive." This includes but is not limited to substances absorbing residual mouth alcohol-- like chewing tobacco or chewing gum. The protocol thus assumes that the machine is not infallible and requires human intervention to ensure its proper use. When officers fail to follow proper protocol, they risk invalidating the results of the science they purport is the gold standard in Iowa Operating While Intoxicated investigations and criminal prosecutions.

The firm talks more about this issue here.