Delaware Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

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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.

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FAQ

What Can Raise Your Blood Alcohol Concentration Other than Alcohol? Diet Drinks. You might feel fine because you just had a couple of drinks. ... Ketones. ... Certain Medications. ... Mouthwash and Breath Sprays. ... Paint Fumes.

A breath alcohol test measures how much alcohol is in the air you breathe out. The device uses that measurement to estimate how much alcohol is in your blood. That number is known as your BAC, or blood alcohol content.

What Causes Inaccurate Results? Studies have shown that breathalyzer readings vary at least 15% from actual blood alcohol levels, with 23% of subjects having breathalyzer results giving readings that are in excess of their true blood alcohol levels.

It has been well-established that the following medications and substances can cause false positives for BAC in breath testing: Asthma medications. ... Nyquil and OTC medications with alcohol. ... Anbesol in Oral Gels. ... Mouthwash and Breath Spray. ... Fumes. ... Gastroesophageal Acid Reflux. ... Ketones.

Automatic License Suspension: Refusing a breathalyzer test triggers an automatic administrative suspension of your driver's license, regardless of whether you're ultimately convicted of a DUI. The suspension period typically lasts longer than for a first-time DUI offense.

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.

The following foods and medications may cause a false positive breathalyzer result: Nyquil and other cough medications; Sugar-free gum; Kombucha or other fermented beverages; Ripe fruit; Some types of bread; and. Energy drinks.

The breath alcohol test measures the amount of alcohol in the blood by testing exhaled air. The test is performed by blowing into a breath machine 15 minutes after alcohol consumption. The test determines how much alcohol it takes to raise the blood-alcohol level to a dangerous level.

A breath test is admissible in court, but it doesn't always give accurate results. False positives can be caused by mouth alcohol, which occurs when you have alcohol in your mouth from your last drink before blowing it into the machine. Another common reason is if you breathe slowly while taking the test.

Failing a breathalyzer test means that you are over the legal limit for your blood alcohol content (BAC) and criminal prosecution will ensue. The following talks about the accuracy of breathalyzer tests and your defense against these seemingly infallible results.

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Aren't you tired of choosing from numerous samples each time you need to create a Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer ... The state will typically introduce an affidavit purporting to show DUI statistics and a newspaper clipping announcing the checkpoint. According to State v.If you filed a petition and the respondent(s) filed an answer and counterclaim, you may file a Motion to Dismiss (Form 197) to request that the Court dismiss ... Form 19 - Motion to Dismiss, Presenting Defenses of Failure to State a Claim under Rule 12(b). The defendant moves the court as follows: 1. To dismiss the ... All witness affidavits. In many DWI cases, the law enforcement officer does not directly observe the defendant's operation of the motor vehicle. It is often ... Mandatory Minimum Penalties For Breath Test Refusal. According to Delaware DUI laws you can refuse the breathalyzer test if pulled over and suspected of DUI. Oct 15, 2021 — There are penalties for not upholding your end of the agreement, so you will need a lawyer for refusing a breath test in Delaware. Some ... Sep 9, 2019 — The State asserts Granas provided his current position within the search warrant affidavit, which gave the magistrate the information necessary ... Trial court did not err in denying appellant's motion to dismiss the breath test refusal charge as Code Section 18.2-268.3 does not compel testimonial ... May 4, 2023 — A mere conclusory statement in an affidavit does not suffice to support probable cause. What the Affidavit Must Establish: The affidavit ...

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Delaware Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI