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

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Multi-State
Control #:
US-02161BG
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Word; 
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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

Georgia law requires you to submit to chemical testing of your breath, blood, or urine to determine the presence of alcohol or drugs if you are arrested for DUI.

However, at the police station, the officer will ask if you will submit to a chemical test. This is the only mandatory breath test. This is the test where if you refuse, your license will be suspended for one year.

Common Problems with the Breath Tests in Georgia Breath tests using portable machines are known to be unreliable, and that's why they are typically not admissible in court. Breath tests using breathalyzers at the police station, however, are admissible.

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.

Basically, even before you have been convicted of a DUI in a court of law, the Georgia DDS may suspend your driver's license or privileges for refusing to submit to the breath test. In a case involving a refusal, the Georgia Department of Drivers Service will suspend your license for 1 year.

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