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 in Liming to Preclude any Evidence of Breathalyzer Test — DUI is a legal document filed by the defense in a court case involving a DUI (Driving Under the Influence) charge in Alabama. This motion seeks to exclude any evidence related to the breathalyzer test conducted on the accused individual. In Alabama, there are various types of affidavits that may be used in support of a Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI, such as: 1. Standard Alabama Affidavit: This is a general affidavit form used to support the motion, where the defense attorney outlines the reasons why they believe the breathalyzer test results should be excluded from the trial. 2. Affidavit of Expert Witness: In some cases, the defense may use an expert witness who can provide scientific, technical, or professional insights into the breathalyzer test's accuracy and reliability. This affidavit highlights the qualifications and opinions of the expert witness, providing support for the exclusion of the breathalyzer test evidence. 3. Affidavit of Defendant: The defendant themselves may provide a sworn statement outlining any issues, irregularities, or reasons why the breathalyzer test results should not be considered. This affidavit can present personal observations, medical conditions, or procedural errors that could impact the breathalyzer's accuracy. 4. Affidavit of Police Misconduct: If there is evidence or suspicion of police misconduct surrounding the breathalyzer test, this affidavit can be submitted to provide details of any improprieties, violations of rights, or irregularities that question the test's validity. This may include improper calibration, lack of maintenance records, failure to follow proper testing procedures, or other procedural errors. 5. Affidavit of Inadequate Training: The defense may argue that the individual administering the breathalyzer test was inadequately trained, leading to potential errors or inaccuracies. This affidavit would outline the lack of proper training, potential shortcomings, or past instances of incorrect test administration by the officer. It is important to note that the specific affidavits used may vary based on the circumstances and strategies employed by the defense attorney. The goal, however, remains consistent: to convince the court to exclude the breathalyzer test evidence from the DUI trial in Alabama.
