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.
An Alaska Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI is a legal document that provides detailed information and evidence against the use of a breathalyzer test in a DUI (Driving Under the Influence) case in Alaska. It outlines specific circumstances in which the breathalyzer protocols were not followed correctly or were flawed, leading to an inaccurate or unreliable test result. Keywords: Alaska, Affidavit, Motion to Dismiss, Failure to follow, Breathalyzer Protocols, DUI, Driving Under the Influence, legal document, evidence, circumstances, flawed, inaccurate, unreliable, test result. Types of Alaska Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI: 1. Flawed Calibration Affidavit: This type of affidavit highlights issues with the calibration of the breathalyzer device, such as improper maintenance, outdated calibration certificates, or expired calibration equipment, which could cast doubt on the accuracy of the test result. 2. Inadequate Training Affidavit: This affidavit focuses on the lack of proper training or certification of the police officer conducting the breathalyzer test. It provides evidence that the officer may not have received adequate training to administer the test correctly, affecting the reliability of the results. 3. Non-Compliance Affidavit: This type of affidavit emphasizes situations where the arresting officer failed to adhere to specific breathalyzer protocols mandated by Alaska law. It may include instances where the officer did not observe the defendant for the required time period before the test or failed to conduct a second test within the specified time frame. 4. Chain of Custody Affidavit: This affidavit draws attention to the mishandling of the breathalyzer sample or evidence, such as improper storage or contamination. It argues that the chain of custody was broken, raising doubts about the integrity of the sample and the subsequent test results. 5. Improper Machine Operation Affidavit: This affidavit focuses on technical issues with the breathalyzer device itself, highlighting any known malfunctions, software glitches, or previous instances of the device producing inaccurate results. It aims to demonstrate that the reliability of the particular machine used in the defendant's case is questionable. By filing an Alaska Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI, individuals accused of a DUI can challenge the admissibility and accuracy of the breathalyzer test results. If successful, it may provide a strong basis for the court to dismiss or reduce DUI charges.
