Eastern Iowa Criminal Defense Attorneys
Back to Top
Eastern Iowa Trial Attorneys

Backed by extensive experience & expertise in handling cases just like yours. Speak with our legal team now.

Iowa Breath Test Machines Can Give Inaccurate Results

In a recent post we discussed the weaknesses of Iowa's standard field sobriety tests as evidence of intoxication. Field sobriety tests are generally used as an initial indicator of intoxication; if the arresting officer concludes the tests show a driver is drunk, the next step is usually a breath test. Blood tests are considered more accurate than breath tests but they are used less often because they are considered more invasive.

Breath test machines are often generically referred to as Breathalyzers, which is actually a brand name for just one of many machines in use across the country. Iowa uses a machine called the DataMaster. This device is not infallible; in fact the DataMaster has been shown to be prone to erroneous results.

Like most breath test machines in use today, the DataMaster uses infrared light to measure the alcohol present in a driver's exhaled breath. Different levels of alcohol will result in different spectrums of light, and the DataMaster converts this spectroscopic information into a measure of blood alcohol content.

There are a number of ways to challenge breath test results in court. Some studies have shown that breath test results can differ by as much as 15 percent from blood test results, which are considered a more accurate measure of a person's actual blood alcohol content. Design flaws, improper calibration of the machine, differing results based on the machine's temperature or the driver's body temperature and different levels of hematocrit in the bloodstream are all potential grounds to attack the results of a DataMaster test.

A drunk driving arrest in Iowa is a serious matter with potentially severe consequences. An experienced OWI defense attorney who understands the limitations of breath test evidence can provide invaluable help in fighting the charges.

Source: Findlaw, "BAC Test FAQs," accessed March 20, 2016

Categories
  • The Iowa State Bar Association
  • DUI Defense Law
  • NACDL
  • AAJ
  • Iowa Association of Justice

Keegan, Tindal & Jaeger 

Put Over 50 Years of Combined Trial Experience On Your Side 
  • J. Dean Keegan
  • Eric D. Tindal
  • Andrea D. Jaeger
  • J. Dean Keegan J. Dean Keegan

    Owner

    Decades of Award-Winning Legal Service J. Dean Keegan was born and raised in Waterloo, Iowa. After high school, Dean served ...
    J. Dean  Keegan Photo
  • Eric D. Tindal Eric D. Tindal

    Attorney

    Highly Rated Criminal Defense in Iowa City Eric D. Tindal, attorney at Keegan, Tindal & Jaeger, graduated from the University ...
    Eric D. Tindal Photo
  • Andrea D. Jaeger Andrea D. Jaeger

    Attorney

    Experienced Criminal Defense in the Iowa and Illinois Quad Cities Andrea D. Jaeger practices in the areas of white collar ...
    Andrea D. Jaeger Photo

See What Our Clients Have to say

  • I am glad he was there to get my head out of the guillotine when I needed him and keep my record clean.

    “I was stopped for an OWI. Dean took things as far as he could with the appeals process, finding every way possible to keep me driving in the meantime (which I needed to do for my job). Dean argued the ...”

    - Ryan
  • My family and friends appreciate all you have done. Thank you.

    “Thank you, Andrea and Eric. You both did a great job and got me the best results possible in my situation. I would recommend your service to any in need of counsel and I am still amazed in the way ...”

    - Michael
  • Andrea Jaeger is the best defense attorney in the world.

    “Andrea Jaeger is the best defense attorney in the world. She gets the job done for her clients. She goes hard for the best results. She would always be my first choice of defense. She is very ...”

    - Orlando
  • Eric helped give me my life back

    “I was charged with two felonies that carried a life sentence. After sitting in jail for a year with public defenders just going through the motions, I asked the judge to appoint new counsel. Eric was ...”

    - J
  • This is the guy you want!

    “Eric is the whole package. He will fight relentlessly for you, all the while using tact and professionalism. Eric always respected my best interests and kept them his top priority. He is incredibly ...”

    - Anonymous
/

SUCCESSFUL results for our clients

Protecting Your Freedom & Rights
  • First Degree Murder and Child Endangerment Causing Death Acquitted of First Degree Murder at Trial

    Henry County FECR005634. Attorney Tindal’s client was charged with First Degree Murder and Child Endangerment Causing Death. Following a two week trial, the Defendant was acquitted of all charges.

  • Vehicular Homicide Charges Reduced, No Incarceration Imposed

    Muscatine County FECR056673. Vehicular Homicide was reduced to Involuntary Manslaughter. Total sentence was suspended.

  • Felony Drug Charges Charges Dismissed

    Muscatine County FECR050038. Attorney Dean Keegan's client was charged with two counts of controlled substance violation, as well as two counts of failure to affix tax stamp. After a year of court appearances and negotiating with the prosecutor, all charges were dismissed with costs assessed to the State.

  • Carrying Weapons, Public Intoxication, & Disorderly Conduct Carrying Weapons & Public Intoxication Charges D

    Linn County AGCR108044. Attorney Dean Keegan's client was charged with Carrying Weapons, Public Intoxication, and Disorderly Conduct. After plea negotiations with the State, Mr. Keegan was successful in dismissing the Carrying Weapons and Public Intoxication charges.

  • Possession with Intent to Distribute Charges Dismissed

    Iowa County FECR010358. Attorney Tindal was able to show the Court that his client was detained in violation of his Constitutional rights and that the K9 utilized in the search was unreliable. Following hearing all charges were dismissed.

  • Embezzlement No Criminal Charges Filed

    Cedar Rapids, Linn County, Iowa. An employee of a Cedar Rapids business accused of embezzling six million dollars was not charged criminally after the County Attorney agreed to abide by an agreement negotiated by Attorneys J. Dean Keegan and Jerald Kinnamon in which the accused would pay two million dollars to the company.

  • Second Degree Sexual Abuse and Other Charges Acquittal at Trial

    Johnson County FECR089277. The Defendant was charged with Second Degree Sexual Abuse and other charges. Following a one-week trial by Mr. Tindal, the Defendant was acquitted of all charges.

  • Trafficking Stolen Weapons and Misdemeanor Theft Charge Dismissed

    Scott County FECR384046. The Defendant was charged with Trafficking Stolen Weapons and Misdemeanor Theft. The Court dismissed the felony following a Motion litigated by Mr. Tindal. The Defendant subsequently pled to the remaining misdemeanor.

  • Possession with Intent to Deliver Marijuana and Methamphetamine Charges Dismissed

    Washington Count FECR5351. Attorney Tindal and Attorney Clemens Erdahl successfully argued that evidence of drug manufacture was obtained in violation of the Constitution. All charges were dismissed.

  • Operating While Intoxicated 3rd Offense Charge Dismissed

    Linn County OWCR104143. Attorney Dean Keegan's client was charged with a felony 3rd offense OWI. Mr. Keegan argued the officer did not have reasonable grounds to pull over his client. The charges were dropped from a felony to a ticket fine of $15.00 for being in a park past closing time.

/

Keegan, Tindal & Jaeger

Our Commitment to You
  • Our Attorneys Are well Respected Throughout Eastern Iowa

  • We Offer Free Consultations No Matter How Severe The Charge

  • Trial Attorneys With Successful Track Records In The Courtroom

  • Over 50 Years of Combined Experience In Criminal Defense with an Emphasis on OWI's

Keegan, tindal & Jaeger 

Start Your Free Consultation Now
 
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.