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

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US-02205BG
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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

Refusing a Breathalyzer is not a crime in Connecticut, but it can result in serious penalties. When you refuse a breath test, your driver's license is automatically revoked. Additionally, you may still face criminal charges for DUI/DWI or other traffic violations.

Under Connecticut's Implied Consent Law, any person who operates a motor vehicle is presumed to have given their permission to be tested to determine BAC. You're considered legally intoxicated if your BAC is . 08 or above.

Typically, a DUI will stay on your driving record in Connecticut for 10 years, and can negatively impact your insurance rates for at least 3-5 years after the incident. There is typically not much that can be done to remove a DUI charge from your driving record.

How Long Do You Go To Jail For a 2nd DUI? You can go to jail for up to two years. In addition, your license will be suspended, you will have to an ignition interlock device, and you will have to complete 100 hours of community service.

Connecticut's First Offense DUI Criminal Penalties Suspended license for 45 days with IID requirements. DUI fine of $500 to $1000 dollars. Jail- 48 hours mandatory minimum, with a possible sentence of up to six months OR. Suspended six-month jail sentence with 100 hours of community service.

The Penalties of Refusing a Breathalyzer Test in CT The penalties for refusing a breathalyzer test in Connecticut are harsh. You will automatically have your driver's license suspended for six months. In addition, you may be subject to a fine of up to $500 and up to two years in prison.

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