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

State:
Multi-State
Control #:
US-02160BG
Format:
Word; 
Rich Text
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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
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

How to fill out Motion To Dismiss Criminal Charges For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

To avoid a trial on the DWI charges, you must either enter a guilty or no-contest plea. The prosecuting attorney or the court cannot dismiss any DWI charges. You need an Arkansas criminal defense attorney for an offense that is this unique.

In Arkansas, the law does not allow prosecutors to reduce or dismiss DWIs, which means your only choice is to plead guilty or go to trial.

For first offense: 24-hour to 1-year jail sentence (Public service may be ordered in lieu of jail.); $150 to $1,000 fine, plus $300 court cost; six months license suspension beginning one month following date of arrest, during which time an ignition interlock restricted license is available if there was no refusal to ...

Some of the AR DUI defense strategies may involve contacting witnesses, viewing recording of the arrest, requesting inspection facilities of the machine that you gave your reading on (many of which can be unreliable) instructing drunk driving toxicologist experts; forensic medical examiners, etc.

If you refuse a breathalyzer or chemical test, no tests will be performed, but you may be criminally charged for your refusal and your driver's license may be seized.

Arkansas' DWI laws permit an automatic suspension of a person's driver's license upon a first offense. A first time DWI offense may cause a driver's license to be suspended for six months. However, if an ignition interlock device is allowed by the Office of Driver Services, a restricted license may be issued.

In Arkansas, the law does not allow prosecutors to reduce or dismiss DWIs, which means your only choice is to plead guilty or go to trial. Lion Legal fights DWIs if there is a chance of prevailing at trial. If we don't have grounds to win at trial, the goal turns to obtaining the best sentence for you.

Along with administrative penalties such as a license revocation or suspension, the criminal penalties for a DWI conviction in Arkansas include: First offense: punishable by up to 1 year in prison and up to $1,000 in fines. In lieu of a prison sentence the court may order 30 days of community service.

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