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.
A Georgia Affidavit In support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI is a legal document filed in a court of law in the state of Georgia to request the exclusion of any evidence related to a breathalyzer test in a DUI case. This type of motion is commonly used by defense attorneys to challenge the admissibility of breathalyzer test results as evidence. The purpose of filing this affidavit is to argue that the breathalyzer test results should be excluded from trial due to various reasons. Some potential reasons for filing this motion include: 1. Inaccurate Testing: The affidavit might assert that the breathalyzer test used was not properly calibrated, maintained, or administered, leading to questionable accuracy of the results. 2. Improper Procedures: The affidavit may argue that the arresting officer did not adhere to the proper procedures required for conducting a breathalyzer test, thereby compromising the reliability of the results. 3. Constitutional Violations: The affidavit may claim that the breathalyzer test violated the defendant's constitutional rights, such as the right against unreasonable search and seizure or the right to due process. 4. Lack of Probable Cause: The affidavit may allege that there was insufficient probable cause for the DUI arrest, thus rendering any evidence obtained, including the breathalyzer test results, inadmissible. 5. Officer Bias: The affidavit might assert that the arresting officer had personal biases or motives that could have influenced the administration or interpretation of the breathalyzer test. 6. Medical Conditions: The affidavit may argue that the defendant had medical conditions or circumstances that could have affected the breathalyzer test results, such as acid reflux, diabetes, or the use of certain medications. It's important to note that while the general purpose of the Georgia Affidavit In support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI remains the same, the specific content and arguments included in the affidavit may vary depending on the circumstances of the case and the defense strategy employed.
