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

District of Columbia 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

DUI applies to a person having a blood alcohol concentration of . 07 percent or lower. Under DC Code, a driver can be charged with a DUI offense if, in addition to a BAC reading, the officer has other signs of impairment from a structured field sobriety test and from observations of the suspect's driving behavior.

By operating a vehicle on Virginia highways, you have consented to a breath or blood test upon arrest for DUI. If you unreasonably refuse a breath or blood test, Virginia law requires the court to suspend your driver's license for one year. A second breath or blood test refusal shall result in a three-year suspension.

The US Supreme Court last week ruled that while police must obtain a search warrant to take blood to determine blood alcohol content, no such warrant is required in the case of of breathalyzer devices.

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

Penalties for Refusal If you refuse a breath test in Texas, you will have your license suspended for 180 days. If you have previously been charged with DWI or have refused a test in the past, the suspension can be increased to two years.

As mentioned before, there are consequences for refusing to participate in the DC DUI breathalyzer test process. The most important consequence to know about is the automatic revocation of a person's driving privileges. An individual could lose their license for up to a year, for refusing to give a breath test.

Although refusal to submit to breath testing cannot negatively impact a DUI criminal case, it can have other consequences. For example, the individual can have their driving privileges or driver's license suspended by the DC Department of Motor Vehicles (DMV) for a year because of a breath test refusal.

When you are arrested for DUI, the officer must explain the requirement to submit to a test under this law and the punishments for refusing to take it. A first offense refusal to submit to a breathalyzer or blood test is a civil offense under Virginia Code § 18.2-268.3.