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 Affidavit In Support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI Description: An Arkansas Affidavit in Support of Motion in Liming to Preclude any Evidence of Breathalyzer Test in a DUI case is a legal document filed by the defense counsel to request the exclusion of breathalyzer test results as evidence. This affidavit aims to challenge the accuracy, reliability, or legality of the breathalyzer test administered during the DUI arrest. Keywords: 1. Arkansas Affidavit: This document is specific to the state of Arkansas and should adhere to Arkansas' legal procedures and requirements. 2. Motion in Liming: The motion in liming is a pretrial motion seeking the exclusion of certain evidence from being presented before a jury. 3. Preclude: This term signifies preventing or prohibiting the presentation of evidence during the trial. 4. Evidence of Breathalyzer Test: This refers to the breath alcohol concentration (BAC) results obtained through a breathalyzer device used to measure a suspect's intoxication level. 5. DUI: DUI stands for Driving Under the Influence, which is a criminal offense involving operating a vehicle while impaired by alcohol or drugs. Different Types of Arkansas Affidavit In Support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI: 1. Affidavit Challenging Breathalyzer Accuracy: This affidavit focuses on challenging the accuracy of the breathalyzer test used in the DUI case, claiming that the device may produce faulty or inconsistent results due to calibration issues or improper usage. 2. Affidavit Challenging Breathalyzer Reliability: In this type of affidavit, the defense challenges the reliability of the breathalyzer test, arguing that the device used may have an inherent margin of error or a lack of scientific basis, rendering the test results potentially misleading. 3. Affidavit Contesting Breathalyzer Legality: This affidavit questions the adherence to proper administrative procedures during the administration of the breathalyzer test. It may raise concerns about the officer's qualifications, failure to follow standardized protocols, or inadequate documentation. 4. Affidavit Based on Constitutional Grounds: This type of affidavit argues that the breathalyzer test violates the defendant's constitutional rights. It may claim erroneous search and seizure or violation of the defendant's right to due process, particularly if the test was conducted without valid consent or probable cause. 5. Affidavit Focusing on Testing Equipment Maintenance: This affidavit highlights maintenance and calibration issues of the breathalyzer equipment used. It asserts that the lack of proper maintenance may have compromised the accuracy and validity of the test results, making them inadmissible as evidence. Note: The aforementioned types of affidavits are provided as general classifications and do not encompass all possible variations. Each case may require a tailored approach based on unique circumstances and specific legal arguments. It is essential to consult with an attorney to determine the most appropriate classification and strategy for your Arkansas Affidavit In Support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI.
