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Motion In Limine to Exclude Breathalyzer Results for Failure to...

California Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02205BG

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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How to fill out Motion In Limine To Exclude Breathalyzer Results For Failure To Follow Observation Protocols - DUI?

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FAQ

There's no way to accurately check your BAC without taking a breathalyzer or blood test. However, you can get a rough estimate based on your sex, body weight, and how many alcoholic drinks you've consumed over a specific amount of time.

A breathalyzer test measures BAC, which reflects the percentage of alcohol in a person's blood. Authorities can use BAC levels to gauge a person's level of intoxication. Following alcohol consumption, the body absorbs this chemical through the stomach lining into the bloodstream.

Excuses for ?failing? a breathalyzer include keeping your breath fresh, using certain mediations and being subjected to testing with a poorly calibrated device.

So, what besides alcohol can set off a breathalyzer and trigger a DUI/OVI charge? Excuses for ?failing? a breathalyzer include keeping your breath fresh, using certain mediations and being subjected to testing with a poorly calibrated device.

Ethanol and Energy Drinks The alcohol concentration in these beverages is negligible; nowhere near high enough to classify them as an alcoholic beverage. However, reports of false positives in DWI breath-testing have been common since these drinks' popularity has skyrocketed.

Typically, this is a chemical test using a breathalyzer. The breathalyzer is not a portable machine and produces results that are more accurate and can be admitted into court as evidence against you.

Automatic License Suspension: Refusing a breathalyzer test triggers an automatic administrative suspension of your driver's license, regardless of whether you're ultimately convicted of a DUI. The suspension period typically lasts longer than for a first-time DUI offense.

Some foods may encourage a breathalyzer test to give inaccurate readings. For example, pecans, ripe fruit, energy drinks and protein bars may mess with the test. Further, if you have acid in your stomach from eating a spicy meal, you may not be able to rely on the accuracy of the breathalyzer test.

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