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Affidavit In support of Motion in Limine to Preclude any Evidence of...

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

Q: What happens in Virginia if you refuse a breathalyzer?

Driver&#039;s License Suspension After Conviction: A driver convicted of a Virginia Breathalyzer Refusal will have his driver&#039;s license suspended automatically. He cannot have a restricted license AT ALL during this suspension. A first offense Breathalyzer Refusal results in 12 months of license suspension.

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02216BG

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 Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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FAQ

For instance, if an officer stops you and believes you are intoxicated, and you refuse to submit to a test to determine your blood-alcohol concentration (BAC), you may risk having your license suspended or even face jail time.

The Commonwealth may charge you with drunk driving if you have a blood alcohol content of 0.07% or 0.06%, but the government will likely need to present additional evidence that your driving was impaired by alcohol.

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.

Driver's License Suspension After Conviction: A driver convicted of a Virginia Breathalyzer Refusal will have his driver's license suspended automatically. He cannot have a restricted license AT ALL during this suspension. A first offense Breathalyzer Refusal results in 12 months of license suspension.

The maximum penalty for a DUI 1st in Virginia is $2500 but, typically, in most courts the fine is about $250 to $350, but this fine may increase in cases involving higher BAC's.

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.