Alaska Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

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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

DRINKING AND DRIVING A person is considered intoxicated if there is 0.08 percent or more by weight of alcohol in the person's blood or 80 milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.08 grams or more of alcohol per 210 liters of the person's breath. (AS § 28.35. 030(a)).

If a driver fails a chemical test (has a test result of 0.08% or greater, or 0.04% or greater while operating a commercial vehicle) or refuses to take a chemical test, the law enforcement officer will seize the driver's license and give the driver a ?Notice and Order of Revocation.? That notice informs the driver that ...

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.

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).

Penalties for driving under the influence in Alaska OffenseJailFineFirst offense72 hours$1,500Second offense20 days$3,000Third offense60 days (120 days if charged as felony)$4,000 ($10,000 if charged as felony)Fourth offense120 days (240 days if charged as felony)$5,000 ($10,000 if charged as felony)2 more rows

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Alaska Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI