Georgia Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

State:
Multi-State
Control #:
US-02216BG
Format:
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.

How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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FAQ

If you refuse, a warrant can be obtained to require you to provide a blood sample. At your own expense and after the police obtain a blood sample, you can request another blood test from a qualified personnel of your own choosing.

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.

That said, the Supreme Court has held that forcing someone to take a blood test without a warrant or special circumstances (called ?exigent? circumstances) is unconstitutional. The Court stated that drawing blood is a type of search under the Fourth Amendment and should be treated like any other search would be.

Any DUI suspect who refuses to submit to a state-administered chemical test could be issued a "hard suspension of driver's license," which is a one-year driver's license suspension without permitted allowances for driving to and from work, school, church, doctor's appointments, etc.

However, there are still consequences if you refuse to submit to a chemical test. Refusing a blood test in the State of Georgia will result in an automatic suspension of your driver's license for one full year. This does not even depend on if you are convicted of a DUI or not.

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Georgia Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI