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 Alabama Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI is a legal document that highlights the failure of law enforcement to adhere to proper breathalyzer protocols during a DUI (Driving Under the Influence) arrest in the state of Alabama. This affidavit can be filed by the defendant in a DUI case to request the dismissal of charges based on the improper handling of breathalyzer tests. The breathalyzer test is a crucial piece of evidence in a DUI case and is used to determine the blood alcohol concentration (BAC) level of the defendant at the time of arrest. It is a common defense strategy to challenge the reliability of the breathalyzer test, especially if the protocols for administering the test were not followed correctly. The Alabama Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI should list and detail any deviation from the standard procedures set forth by law enforcement agencies or mandated by the state. Some common issues that could lead to the dismissal of charges include: 1. Failure to properly calibrate the breathalyzer device: The affidavit should include evidence or testimony showing that the breathalyzer device used in the defendant's case was not calibrated or maintained according to manufacturer guidelines or state regulations. This could indicate that the results of the test are inaccurate and unreliable. 2. Inadequate training of the law enforcement officer administering the test: If the officer conducting the breathalyzer test did not receive proper training on how to administer the test or interpret the results, it can be argued that their actions were not reliable or consistent with established protocols. 3. Failure to observe the defendant for the required period before the test: In Alabama, there is a mandatory observation period of at least 15 minutes before administering the breathalyzer test to ensure that the defendant does not consume any substances that may affect the accuracy of the results. If the officer fails to adhere to this protocol, it can be argued that the test results are compromised. 4. Mishandling of the breathalyzer device or samples: If there is evidence to suggest that the breathalyzer device was mishandled, contaminated, or improperly stored, it can significantly impact the accuracy and validity of the test results. 5. Lack of chain of custody documentation: It is essential for law enforcement to maintain a proper chain of custody for all evidence, including breathalyzer samples. If there are gaps or inconsistencies in the documentation of the breathalyzer samples' handling and storage, it can be argued that the evidence has been compromised, and the results should be deemed inadmissible. To strengthen the affidavit, it is recommended to provide supporting evidence such as police reports, witness statements, expert testimony, or any documentation related to the breathalyzer device's maintenance and calibration history. The specific types of Alabama Affidavit in Support of Motion to Dismiss for Failure to follow Breathalyzer Protocols — DUI may vary based on the particular circumstances and violations observed in each case, but the above-mentioned are some common examples. It is crucial to consult with a knowledgeable attorney to determine the most appropriate strategy and approach for your specific situation.
