Arizona Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

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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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This can be invaluable in achieving a favorable outcome in your case. Understanding of the evidence: A DUI lawyer can help you understand the evidence against you, such as blood and breathalyzer results, field sobriety tests, and police reports, and advise you on the strengths and weaknesses of the prosecution's case.

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.

How to Beat a DUI in Arizona Lack of probable cause and inadmissible evidence. If you were pulled over and the officer did not have probable cause to suspect you were driving under the influence, the charge may be dismissed. ... Inefficacy of Field Sobriety Tests. ... Challenge BAC Results from a Breathalyzer. ... Miranda Rights.

Arizona law states that a DUI isn't supposed to be dismissed unless there is insufficient evidence for the DUI charges. Certain cities in Arizona won't give a lesser charge, but will instead typically dismiss DUI charges altogether.

ARS § 28-1321 An Implied Consent Affidavit, is served when a person refuses or is unable to consent to a test or tests of the person's blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content.

While it's fairly common knowledge that the legal limit is 0.08% BAC, a police officer can arrest you even if your blood-alcohol concentration (BAC) is less than 0.08 percent if they believe that you are impaired.

Through skillful negotiations with the prosecutor, the attorney can work to get DUI charges dropped to Reckless Driving, sometimes referred to as a Wet Reckless charge, which carries milder penalties and offers a chance for a more favorable outcome.

offense DUI in Arizona is a Class 1 misdemeanor, punishable by: Not less than 10 consecutive days in jail; A fine of not less than $1,250; Mandatory alcohol screening/education/treatment; Mandatory installation of a certified ignition interlock device on any vehicle you operate; and Community service.

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Arizona Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI