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Colorado 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:
Word; 
Rich Text
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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

Colorado has no strict or specific washout or lookback period for DUI convictions. In other words, the court could look at your past DUI conviction records as far as they go back in determining your punishment for a current DUI charge.

New Colorado DUI Law Allows Immediate License Reinstatement with Interlock Device. Have you been convicted of a DUI in Colorado? As of January 1, 2023, you may immediately qualify for an early license reinstatement with an interlock-restricted license thanks to a new Colorado DUI law.

That's because, in Colorado, if someone is convicted of a DUI (or agrees to accept a DUI plea deal), that conviction or guilty plea will typically remain on his or her criminal record indefinitely ? or, in other words, forever.

Statute of Limitations for A Colorado Misdemeanor DUI If you are caught driving while under the influence and your blood alcohol content (BAC) is at or above 0.08% you will be facing a misdemeanor DUI charge. The statute of limitations for misdemeanor DUIs is limited to 18 months.

18 months year for misdemeanors. 3 years for felonies, and. 5 years for DUI with death and leaving the scene of the accident.

The following are some common ways to get DUI charges dismissed in Colorado: Lack of sufficient grounds to stop your vehicle by police. ... No reason to have you performs field sobriety tests. ... The tests performed on you were improper. ... Witnesses are not provided.

Stage 3: Arraignment Hearing Colorado This date is called an arraignment date. The judge or a magistrate will officially advise you of the pending charges against you and the possible penalties associated with each charge.

Errors With Probable Cause In order to stop your vehicle, an officer needs to present probable cause. If they don't have a reason behind performing a breathalyzer, arresting, or detaining you, the evidence collected could be dismissed along with the charges.

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