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

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Multi-State
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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

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.

Can You Refuse a Field Sobriety Test in Alabama? Fortunately, you are not required to submit to field sobriety tests, in part because there are so many questions as to their accuracy.

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.

Unless you are under 21 or on parole, you have the right to refuse a roadside breath test in Alabama. It is 100% voluntary, and there are no penalties for refusing a roadside breath test; however, you could face administrative penalties for refusing the official breath test administered at the police station.

Even a first offense DUI in Alabama can lead to severe consequences, like jail time, probation, community service, fines, and the loss of your driver's license. To avoid a first DUI conviction, you will need an attorney who will work to have the charges dismissed or fight for you at trial.

The important thing to remember is that, even though Alabama is an implied consent state, you still have the right to refuse any test ? although there may be consequences for doing so.

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