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

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US-02160BG
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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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  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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FAQ

The most important thing you need to do after being charged with a DUI in California is to contact a lawyer who specializes in DUI defense. A delay in hiring a lawyer could increase your chances of getting convicted, as it will give the prosecution sufficient time to build a strong case against you.

In California, most DUIs are misdemeanor offenses, and those convicted of the offense typically do not serve jail time. Instead, the most common punishment is a few years probation and a fine. Alternatively, a driver can make a DUI case worse through a combination of behaviors right before or at the time of the arrest.

A first offense DUI in California is a misdemeanor typically punished by 3 to 5 years of probation, $390.00 to $1000.00 in fines plus penalty assessments, DUI school, a 6-month driver's license suspension, and installation of an ignition interlock device.

If you do not request a hearing, then your license will be suspended by the DMV within 10 days of your arrest. This is known as an administrative suspension. If you are convicted of or plead guilty to a DUI in California, then your license will be suspended through a court-triggered process.

For a first-offense DUI in California, consequences for conviction generally include three years of informal probation, fines of $390 plus ?penalty assessments? (totally approximately $2000, and completing a first offender alcohol program that consists of a 30-hour class, at a cost of about $500.

California courts do dismiss some first-time California DUI charges, but getting your DUI charges dismissed may be difficult.

Some studies have suggested that as many as 20% to 30% of DUI cases may be dismissed or result in an acquittal.

For breath tests, Title 17 requires that the breath sample tests a person's deep lung air, also known as alveolar air. Before testing, the suspect must be observed for a period of at least 15 minutes. During the observation period, the person cannot eat, drink, smoke, vomit or otherwise regurgitate.

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