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

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US-02161BG
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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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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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Delaware Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI