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.
The Delaware Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI is a legal document filed by defendants charged with a DUI in Delaware, claiming that the breathalyzer test administered during their arrest was conducted improperly or violated prescribed protocols. This affidavit is intended to support a motion to dismiss the DUI charges based on the alleged failure to follow proper breathalyzer procedures. Keywords: Delaware Affidavit, Motion to Dismiss, Failure to Follow, Breathalyzer Protocols, DUI, Legal Document, Arrest, Improperly, Violation, Procedures. There are several types of Delaware Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI, depending on the specific circumstances and arguments presented in the case. Some variations may include: 1. Delaware Affidavit in Support of Motion to Dismiss for Lack of Calibration Records: This affidavit asserts that the breathalyzer equipment used in the arrest was not properly calibrated, potentially casting doubt on the accuracy of the test results. 2. Delaware Affidavit in Support of Motion to Dismiss for Inadequate Training: This affidavit argues that the arresting officer or personnel involved in administering the breathalyzer test lacked the necessary training or certification, thereby questioning the validity and legality of the test. 3. Delaware Affidavit in Support of Motion to Dismiss for Failure to Observe Defendant: This affidavit alleges that law enforcement failed to properly observe the defendant for a required period before administering the breathalyzer test, potentially compromising the reliability of the results. 4. Delaware Affidavit in Support of Motion to Dismiss for Failure to Properly Maintain Breathalyzer Equipment: This affidavit contends that the breathalyzer device was not regularly maintained or serviced as per manufacturer guidelines, leading to potential inaccuracies or malfunctions during the test. It is worth noting that the specific formatting and content requirements for the Delaware Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI may vary depending on the court and the individual case. Consulting with a legal professional or researching the specific jurisdiction's laws and regulations is crucial to ensure accurate and appropriate completion of the affidavit.
