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Iowa Upholds Use of Breath Test in DUI Cases

High court ruling sets standard for entire state

The Iowa Supreme Court ruled that breath test results can be used to determine blood alcohol content and justify arrest for suspicion of drunk driving.

At issue was a legal challenge against DataMaster breath test equipment. DUI defense attorneys argued that the machine results are too unreliable to be entered as evidence in a court of law. The high court decided to hear arguments in the case because the equipment is widely used in Iowa and the justices wanted to provide guidance to judiciary and attorneys. Their finding overturns a lower court decision that found the DataMaster unreliable and evidence gained from its use inadmissible.

Those arrested for Iowa DUI can still challenge the results of a breath test during trial. The Supreme Court decision, however, allows prosecutors to enter the test results into evidence.


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Posted Monday, April 30, 2007
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