What Are My Rights When It Comes To Breath Tests?

Many drivers want to refuse a breath test when a police officer requests to administer one. Although you have the right to refuse a breath test, you could also face unintended consequences, including the loss of your license. You should know your rights before you make any decisions about a breath test.

You can get legal counsel from the defense attorneys at Lombardi & Miler Law Firm PLLC. We have spent years defending the people of West Des Moines, Polk County and all Iowa who ran up against the criminal justice system.

Breath Tests In Iowa: What To Know

To determine a driver’s blood alcohol content (BAC), a police officer may administer a preliminary breath test (PBT) and/or an evidentiary breath test (EBT). A PBT is a handheld device that can measure BAC from a driver’s breath. An EBT is a large, stationary device that is more reliable than a PBT. If you have a BAC higher than .08%, you could receive a charge of operating under the influence (OWI). Due to Iowa’s implied consent laws, drivers can lose their driving privileges for up to one year for refusing to take a breath test.

Advocating For You In Breath Test And DUI Cases

Before you make the decision to refuse a breath test, you should speak with one of our criminal law attorneys. Every county’s jurisdiction is slightly different. We can provide specific legal counsel tailored to your particular location and the circumstances of your case. Even if you already face charges for OWI, we may still be able to help you. If you get in touch with us soon enough, we may also be able to get you a provisional license.

Discuss Your Rights With A Lawyer In A Free Consultation

Do not lose hope if you declined a breath test. Seek counsel from Lombardi & Miler Law Firm PLLC and we can stand up for your rights. Contact us to schedule a free initial consultation with a lawyer. Please call 515-513-5324 or send us an email today.