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

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US-02216BG
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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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FAQ

Here are a few of the things that can happen to you if you refuse this test: Automatic suspension of your driver's license for one year. You can apply for reinstatement after two months. Mandatory participation in an alcohol and drug education program.

Preliminary Test Vs Post-Arrest Test (Field Sobriety Test) Per Colorado state law, you have no obligation to take a preliminary breathalyzer test and you're not going to be penalized for refusing. However, if you're under the age of 21, the legal drinking age in Colorado, you must agree to take this test.

Additionally, Colorado enforces a "zero tolerance law" for drivers under the legal drinking age of 21 years old whereby any BAC of 0.02-0.05% could result in an Underage Drinking and Driving infraction conviction.

Driving with a BAC of 0.08% or higher is automatically illegal.

Therefore, the following could possibly constitute a reasonable excuse: Serious health problems, such as lung conditions, heart conditions, diabetes, serious injuries, hyperventilation, shortness of breath caused by asthma, extreme nervousness or breathing problems resulting from a panic attack.

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