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Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer...

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

Category:

Criminal - Driving under the Influence

State:

Multi-State

Control #:

US-02160BG

Format:

Instant download

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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FAQ

When Is It Required? Type of DUIRequired TimeFirst time DUI Offense*1 YearExtreme DUI1 YearSuper-Extreme DUI1.5 YearsAggravated DUI1 Year3 more rows

You have the right to refuse DUI breathalyzer, blood or other chemical test in Arizona, unless the police officer has a search warrant. In the alternative, the officer may conduct an unwarranted DUI test, if a valid exception applies.

The zero-tolerance law in Arizona means that an officer can still arrest you if you show signs of impairment or intoxication, even if you register a blood alcohol concentration less than the legal limit of 0.08 allowed for driving.

Refusing to take a breath test will result in the following: 1st Offense refusal to take the breath test will result in a 1 year suspension of their driver's license. 2nd Offense refusal to take the breath test within 7 years of a previous one will result in a 2 year suspension of their driver's license.

PLEASE NOTE: Intoxilyzer test results are admissible in court. In spite of this, portable breathalyzers are still crucial to DUI cases and are an often used tool used by police to establish probable cause and lead to an initial arrest for DUI.

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