Alabama Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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Multi-State
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US-02160BG
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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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  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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FAQ

Alabama has a Zero Tolerance policy when it comes to underage DUI. This means that even if the driver is not over the federal legal limit of . 08%, the driver can be charged. Alabama's Zero Tolerance Laws allow law enforcement officials to arrest and charges underage drivers if their BAC reaches .

Imprisonment or DUI fine for First DUI Offense ? Up to 1 Year in Jail or a fine ranging from $600 (minimum mandatory) to $2,100 or both. The minimum fine for a 1st DUI conviction in Alabama is $600, if the fine is part of your court-ordered DUI penalties of an Alabama DUI.

Alabama DUI law measures prior first DUI offense by using a five year ?look back? period, which means that a DUI second offense within 10 years has increased DUI consequences.

Unlike blood or breath tests, field sobriety tests are entirely voluntary. Unfortunately, most people don't know this, and comply with the officer's requests to perform these subjective tests. If this applies to your situation, you need an attorney who can challenge your results.

Since Alabama has implied consent, you could be facing civil and administrative sanctions for refusal to blow for the breathalyzer if you have been stopped for DUI, including license revocation and the interlock device.

Alabama is an implied consent state In most cases, your driver's license will be automatically suspended if you refuse a Breathalyzer test. For a first refusal, your license will be suspended for up to 90 days. Second and subsequent refusals will result in a one-year suspension of your license.

A DUI conviction cannot be expunged. Mandatory probation - If convicted, probation for any DUI conviction - misdemeanor or felony - is required and will last for two years for a misdemeanor DUI and five years for a felony DUI (fourth or subsequent offense within the past ten years).

In Alabama, it is a crime to drive with a blood alcohol concentration of 0.08 percent or higher. If the roadside breath test (PAS test) shows you to have a BAC at or above 0.08, you will certainly be arrested.

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Alabama Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI