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.
An Idaho Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI is a legal document filed in court by an individual charged with driving under the influence, seeking dismissal of the case due to non-compliance with breathalyzer testing procedures. This document highlights the specific reasons and evidence supporting the motion to dismiss. Keywords: Idaho Affidavit, Support, Motion to Dismiss, Failure, Breathalyzer Protocols, DUI Types of Idaho Affidavits in Support of Motion to Dismiss for Failure to follow Breathalyzer Protocols — DUI: 1. Standard Breathalyzer Testing Protocol Failure: This affidavit addresses cases where law enforcement officers fail to follow the mandatory breathalyzer testing protocol outlined by Idaho state laws. It asserts that due to procedural irregularities, the breathalyzer results cannot be considered as accurate or reliable evidence. 2. Chain of Custody Violation: This type of affidavit focuses on situations where there are documented errors or deviations in maintaining the proper chain of custody of breathalyzer equipment and samples. It argues that this breach raises doubts about the integrity and admissibility of breathalyzer evidence, thereby warranting dismissal. 3. Calibration and Maintenance Issues: In some instances, the affidavit may center around the improper calibration, maintenance, or certification of breathalyzer equipment. By presenting evidence of non-compliance with the state's mandatory calibration guidelines, the affidavit argues that the breathalyzer results should be deemed inadmissible, thus justifying case dismissal. 4. Officer's Lack of Training or Certification: This specific affidavit emphasizes inadequate training or expired certification of the arresting officer(s) responsible for administering the breathalyzer test. It asserts that without properly trained and certified personnel, the breathalyzer results cannot be considered reliable, which necessitates the dismissal of the DUI charge. 5. Violation of Implied Consent Law: This affidavit highlights instances where law enforcement officers failed to inform the individual about their rights and the legal consequences of refusal or failure to submit to a breathalyzer test. It argues that this violation of the implied consent law undermines the legality and admissibility of the breathalyzer results, calling for case dismissal. Remember, the contents of an affidavit need to be tailored to the specific circumstances of each case. Consulting an attorney who specializes in DUI defense is critical to ensure the appropriate inclusion of relevant facts and arguments in support of a motion to dismiss based on breathalyzer protocol failures.
