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

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Multi-State
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US-02160BG
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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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  • 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

Hawaii's implied consent law specifies that any person who holds a Hawaii driver's license or operates a vehicle within the state is deemed to have consented to a blood, breath, or urine test.

The refusal of a person to submit to a test of the alcohol or drug concentration in the person's breath under RCW 46.20. 308 is admissible into evidence at a subsequent criminal trial.

In Washington State, DUI penalties are enhanced for drivers who refuse to take a breath test (at the police station) or a blood test. Under Implied Consent Law, a person who drives within WA State is considered to have consented to a blood or breathalyzer test if arrested for DUI.

There are two different types of breath tests commonly administered in a DUI case. The first is called a portable breath test (PBT), which is voluntary and usually conducted on the roadway after being pulled over. The results of a PBT are not admissible in court.

To beat a DUI refusal in Florida, you need to seek legal representation from an experienced criminal defense attorney. If you decide to defend your own case in the courtroom, you have a slim chance of being successful.

The issue of whether a person may refuse to submit to a blood or breath test is a matter of perpetual court review, but Washington's criminal statutes purport to make it mandatory after an arrest for alleged DUI. A Washington DUI attorney can help you understand your rights and obligations in a DUI case.

Implied consent In Washington, every licensed driver inherently agrees to submit to either breath or blood tests upon being arrested on charges of DUI. In other words, in order to obey the law, a driver who is arrested for drunk driving must submit either a breath or a blood sample.

Refusal to take a BAC test can result in: Revoked license for two years for a first offense. Revoked license for three years for a second offense.

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