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 Arkansas Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI is a legal document submitted in court by an individual accused of driving under the influence (DUI) in Arkansas. This affidavit seeks to dismiss DUI charges based on the argument that proper breathalyzer protocols were not followed during the arrest and testing process. In Arkansas, the breathalyzer test is a crucial piece of evidence in DUI cases. Law enforcement officers use breathalyzer machines to measure a suspect's blood alcohol concentration (BAC) levels. However, if the protocols and regulations governing the administration of breathalyzer tests are not followed correctly, the accuracy of the BAC reading can be brought into question. The Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI consists of several sections that outline the incident, the alleged failure to adhere to breathalyzer protocols, and the defendant's grounds for seeking dismissal. Some common elements found in such affidavits are: 1. Title: The document will clearly state its purpose as an "Arkansas Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI" to ensure it is properly identified by the court. 2. Introduction: This section identifies the defendant and provides basic information about the DUI arrest, such as the date, time, and location of the incident. 3. Alleged failure to follow breathalyzer protocols: Here, the affidavit outlines specific failures or violations of breathalyzer protocols by the arresting officer(s). Common examples include not properly calibrating the breathalyzer device, not observing the suspect for the required time preceding the test, or failing to provide information about the suspect's rights and consequences of refusal. 4. Documentation and evidence: The defendant may attach any relevant evidence, such as witness statements, photographs, or video recordings, to substantiate their claims of protocol failures during the breathalyzer test. 5. Legal argument: This section presents the defendant's legal argument for why the failure to follow breathalyzer protocols should result in the dismissal of the DUI charges. It may refer to applicable case law, state statutes, or regulations that support the motion to dismiss. 6. Conclusion: The affidavit concludes with a recap of the arguments made and a formal request for the court to grant the motion to dismiss the DUI charges. The defendant may also request a hearing to present their case in person. It is essential to note that while the core elements of an Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI remain the same, the specific details and arguments presented may vary based on the circumstances of each case.
