Alaska Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

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US-02216BG
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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

Felony Cases. AS 28.35. 032(p) provides that a person is guilty of a class C felony if the person is convicted of refusing to submit to a chemical test and the person has been previously convicted two or more times since January 1, 1996, and within the 10 years preceding the date of the present offense.

Penalties for a 1st DUI Conviction in Alaska 72 hours to one year in jail. $1,500 to $25,000 in fines. a 90-day license suspension, and a six-month ignition interlock device (IID) requirement.

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.

A first conviction will mean a 90-day Alaska license suspension; a second will mean a year; and a third will result in a 3-year suspension from driving privileges. Your car is on the line as well.

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.

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Alaska Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI