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

State:
Multi-State
Control #:
US-02160BG
Format:
Word; 
Rich Text
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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  • 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

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FAQ

Additionally, once arrested for DUI, drivers are legally required to submit to a breath test at the police station or a blood test, or a urine test that only certain medical professionals can perform. Refusing can result in police obtaining a warrant, and you will have no choice but to comply.

What is the percentage of DUI cases dismissed in Georgia? Fewer than 5%. Many more are reduced to a lesser charge, however. Many law firm websites warn about 30 days after arrest to avoid license suspension.

Absolutely. Our legal services professionals have had DUI cases dismissed thousands of times or charges reduced. In cases that can't be ?settled? with a non-DUI disposition, when the client elects to proceed with a trial, then a total acquittal is the only solution remaining for our Georgia attorneys to seek.

When someone has a first DUI in Georgia they face the following potential penalties: 12 months of probation. A minimum fine of $300 plus court costs and surcharges. Between 1 - 10 days in jail, which many times can be waived.

Motions to Suppress: A motion to suppress seeks to exclude evidence based on the violation of constitutional rights. In DUI cases, a DUI defense attorney may make a motion to suppress all evidence against a defendant because the arresting officer lacked reasonable ?articulable suspicion? to stop the vehicle.

Beating Your Georgia DUI Charges Remain Silent. Field Sobriety Tests Are Voluntary. Don't Agree to Blow into a Portable Breathalyzer on the Roadside. Never Resist Arrest. Don't Assume Privacy When in the Police Car. DUI Checkpoint Mistakes. Not Showing Probable Cause to Arrest You. Mistakes with the Breathalyzer Test.

But Belcher found the vast majority of DUI cases in Georgia do not result in a conviction. Belcher examined 10 years of data from the Georgia Bureau of Investigations. Of the more than 800,000 DUI cases, 36 percent ended in convictions. No metro county reached a 50 percent conviction rate.

Every case is different. If it is one that doesn't require motions to suppress or other complicated litigation, you should be able to have your DUI resolved anywhere from three to six months.

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