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.
Title: Arkansas Motion In Liming to Exclude Breathalyzer Results for Failure to Follow Observation Protocols — DUI: Understanding the Types and Importance Introduction: In Arkansas, DUI cases heavily rely on breathalyzer test results to determine a driver's intoxication level. However, there are situations where the validity of these results may be called into question, specifically when observation protocols are not followed properly. This article seeks to provide a detailed description of Arkansas Motion In Liming to Exclude Breathalyzer Results for Failure to Follow Observation Protocols, highlighting its importance in DUI cases and discussing any possible variations or types. Keywords: Arkansas DUI, Motion In Liming, Breathalyzer Results, Failure to Follow Observation Protocols 1. Overview of Arkansas Motion In Liming: Arkansas Motions In Liming are legal requests made by defense attorneys in DUI cases to exclude evidence that may be prejudicial or inadmissible according to specific rules or standards. When it comes to breathalyzer results, the motion aims to exclude the evidence due to the failure of law enforcement officers to adhere to proper observation protocols. 2. Breathalyzer Observation Protocols: Breathalyzer tests require a proper observation period before administering the test to ensure accurate results. Common observation protocols include: a) 15-20 Minute Observation Rule: Officers must continuously observe the suspect for a minimum of 15 to 20 minutes before conducting the breathalyzer test, ensuring the suspect does not consume any substances (e.g., alcohol, food, or drink) that could interfere with the results. b) Pre-Test Mouth Check: Officers are responsible for conducting a mouth check to ensure there are no foreign substances present (e.g., vomit, blood, or mouthwash) that could contaminate the breathalyzer results. 3. The Importance of Following Observation Protocols: A failure to follow proper observation protocols can significantly impact the accuracy and admissibility of breathalyzer results. By emphasizing the importance of these protocols, defense attorneys seek to demonstrate that the results obtained may be unreliable and potentially prejudicial to their clients' defense. 4. Potential Types or Variations of Arkansas Motion In Liming: Though the central objective remains the same, Arkansas Motion In Liming to Exclude Breathalyzer Results for Failure to Follow Observation Protocols can vary in their specific arguments and evidentiary support. Some potential types or variations include: a) Motion to Exclude Results Based on Inadequate Observational Period: This motion challenges the sufficiency of the observation period, arguing that a shorter timeframe invalidates the breathalyzer results. b) Motion to Exclude Results Due to Improper Mouth Check: This motion asserts that failure to conduct a proper mouth check could introduce external substances influencing the breathalyzer results, rendering them unreliable. c) Motion to Exclude Results for Failure to Document Observation Procedures: This motion argues that the lack of comprehensive documentation of the observation protocols undermines the credibility of the breathalyzer test results. Conclusion: In Arkansas DUI cases, a Motion In Liming to Exclude Breathalyzer Results for Failure to Follow Observation Protocols plays a crucial role in questioning the reliability and admissibility of breathalyzer test results. By emphasizing the importance of proper observation protocols, defense attorneys aim to cast doubt on the validity of evidence presented by the prosecution. It is essential for attorneys to explore specific types or variations of this motion to present a strong case tailored to the circumstances at hand.
