Delaware Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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US-02160BG
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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

How to fill out Motion To Dismiss Criminal Charges For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

If you refuse the breathalyzer the police may choose to proceed against without a breath result under an ?impairment theory? or they may choose to apply for a search warrant to obtain a blood sample. If they proceed under an ?impairment theory? it is harder for the prosecution to prove the case at trial.

All DUI sentences are carried on the driving record for a minimum of 5 years. You may file a written request or submit an online request for an administrative hearing at any DMV facility. The administrative hearing will be held to determine: 1.

Your administrative hearing will examine whether you took a chemical test, whether you were operating a vehicle and whether police had probable cause to believe you were under the influence. Your sentence for a DUI will stay on your driving record for at least five years.

Top 5 Ways to Beat a Delaware DUI No Reasonable Suspicion to Stop the Vehicle. ... Probable Cause to Arrest. ... Discovery Violations. ... Compelled Field Sobriety Tests. ... Refusal Case - Lack of Proof Beyond a Reasonable Doubt.

There is NO mandatory jail time for a first offense DUI in Delaware. The court could sentence you up to 12 months in jail. However, most of the time the court will suspend any jail and order 1 year probation. There is a mandatory fine between $500 and $1500.

First Time Drunk Driving Penalties In Delaware A first time DUI offense can result in: Up to 6 months in jail. Fines of $230.00-$1,150.00. License revocation; length of time depends on blood alcohol content (BAC)

Top 5 Ways to Beat a Delaware DUI No Reasonable Suspicion to Stop the Vehicle. ... Probable Cause to Arrest. ... Discovery Violations. ... Compelled Field Sobriety Tests. ... Refusal Case - Lack of Proof Beyond a Reasonable Doubt.

What are the Penalties Associated with a First Offense DUI (Non-FOP) Conviction in Delaware? There is NO mandatory jail time for a first offense DUI in Delaware. The court could sentence you up to 12 months in jail. However, most of the time the court will suspend any jail and order 1 year probation.

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Delaware Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI