Alaska Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

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Multi-State
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US-02161BG
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Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.


Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Alaska's implied consent law specifies that any person who holds an Alaska driver's license or operates a vehicle within the state is deemed to have consented to a blood or breath test to determine the presence of alcohol.

Yes. If you are lawfully arrested for DUI and you refuse to give a breath test, you can be charged with breath test refusal. Breath test refusal carries the same penalties as a DUI. In fact, you can be convicted of both DUI and refusal from the same incident.

Alaska Drunk Driving Laws Alaska law states that the legal alcohol limit within four hours of operating a motor vehicle is . 08% BAC. For all offenses, there is a possible penalty of mandatory attendance of a court-ordered alcohol program and a prohibition on using alcohol for a specific amount of time.

Therefore, you essentially surrender your driving privileges if you refuse a Breathalyzer. States will generally penalize drivers for refusing to take the test by suspending their license for up to 12 months. Those with past DUI convictions can face even longer suspensions or jail time.

DUI: Driving Under The Influence (of alcohol or other chemical substances). A DUI is a drunk driving charge under the State of Alaska Criminal Code. There is a separate drunk driving crime called a Felony DUI. OUI: Operating While Under The Influence (of alcohol or other chemical substances).

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Alaska Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI