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.
Title: Alabama Motion to Dismiss Criminal Charges for Failure to Follow Breathalyzer Protocols — DUI Keywords: Alabama, motion to dismiss, criminal charges, breathalyzer protocols, DUI Introduction: In the state of Alabama, when an individual is accused of driving under the influence (DUI), law enforcement officers often rely on breathalyzer tests to measure blood alcohol concentration (BAC). However, it is crucial for these procedures to be conducted with strict adherence to established protocols. If these protocols are not followed, a defendant may have grounds to file a motion to dismiss criminal charges based on failure to comply with breathalyzer protocols. This article will discuss the different types and procedures involved in filing such a motion in Alabama. 1. Types of Alabama Motion to Dismiss Criminal Charges: a) Motion to Dismiss for Failure to Ensure Proper Maintenance of Breathalyzer Equipment: — If the breathalyzer device used in a DUI arrest was not properly maintained and calibrated, resulting in inaccurate BAC readings, a defendant can file this type of motion. — To support the motion, the defendant may present evidence showing that the breathalyzer was not calibrated as required or was not maintained in good working order. b) Motion to Dismiss for Failure to Administer the Breathalyzer Test Correctly: — If the arresting officer did not perform the breathalyzer test according to the established protocols, including failure to provide proper instruction or observe the defendant during the test, this type of motion can be filed. — Supporting evidence may include witness testimony, video recordings, or expert testimony that showcases any departures from established breathalyzer protocols. c) Motion to Dismiss for Failure to Comply with Mandatory Waiting Period: — In Alabama, there is a mandatory waiting period during which an individual must not consume any substances prior to taking a breathalyzer test. If the arresting officer fails to ensure the defendant's compliance with this waiting period, a motion to dismiss may be filed. — The defendant could present evidence such as witness statements, receipts, or video recordings that indicate substance consumption within the waiting period. 2. Procedure for Filing a Motion to Dismiss: a) Consultation with an Attorney: — It is essential to consult with an experienced DUI defense attorney who specializes in Alabama law to evaluate the circumstances of the case and determine the viability of filing a motion to dismiss. b) Gathering Evidentiary Support: — In preparation for filing the motion, the defendant and their attorney will collect evidence to support the motion, such as witness statements, video footage, breathalyzer calibration records, and expert opinions. c) Drafting the Motion: — The attorney will draft the motion to dismiss, outlining the specific failures in breathalyzer protocols and citing relevant legal precedents and statutes. d) Filing and Presentation: — The motion is filed with the appropriate court, along with any supporting evidence. The attorney may present oral arguments during a scheduled hearing to persuade the judge to grant the motion to dismiss. Conclusion: When facing criminal charges related to a DUI in Alabama, a defendant may have the option to file a motion to dismiss the charges based on inadequate adherence to breathalyzer protocols. By identifying specific failures in breathalyzer procedures and gathering compelling evidence, a skilled attorney can strategically present arguments for a successful motion to dismiss, ultimately seeking a favorable resolution for the defendant.
