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Affidavit In support of Motion in Limine to Preclude any Evidence of...

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

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02216BG

Format:

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

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FAQ

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.

For a first-time DUI offense in Hawaii, the offender may face a minimum of 48 hours in jail, up to a maximum of 5 days. For a second offense within 5 years, the offender may face a minimum of 5 days in jail, up to a maximum of 14 days.

If you blow at or above the legal limit of 0.08 BAC, you will face an immediate administrative license suspension. The same thing will happen if you refuse a breathalyzer test after your arrest.

The state of Hawaii has an implied consent law, which means that an individual will be subject to an automatic license suspension for refusing to submit to a chemical test. If it is your first offense, your license will be revoked for two years and the time of revocation will grow longer with each subsequent offense.

Under Hawaii law, and in a lot of other states as well, police only need a reasonable suspicion, not probable cause, to ask you to submit to a field sobriety test. It's legal to refuse a field sobriety test in Hawaii, and in most other places, too.

A: Drivers in Hawaii are not required to submit to a breathalyzer or field sobriety test, BUT there are some important factors to consider: In Hawaii, if you refuse a breath or blood test to determine your alcohol level you can be subjected to an additional license revocation period.