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Motion In Limine to Exclude Breathalyzer Results for Failure to...

Idaho Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02205BG

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 Motion In Limine To Exclude Breathalyzer Results For Failure To Follow Observation Protocols - DUI?

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FAQ

Standard Drinks and BAC For every one drink, your BAC goes up by about 0.02 percent, so reaching a BAC of 0.08 percent takes about four to five drinks. However, that does not take into account any of the various factors that contribute to how you process alcohol.

Implied Consent for Breathalyzer Test As per this consent, you have legally permitted the state to ask you submit to a breathalyzer test. When you refuse to undergo the test, you are held in breach of this consent and must face penalties as laid out in the Idaho Code Section 18-8002.

It is unlawful for any person who is under the influence of alcohol . . . to drive or to be in actual physical control of a motor vehicle within this state, whether upon a highway, street or bridge, or upon public or private property open to the public.

Under Idaho law, if an open container of alcohol is found in a moving vehicle, the driver is the individual who receives the punishment.

If you have been charged with DUI, you will be asked by the court to pay a fine. This fine can range anywhere between $500 and $1,000. If there is no accident, injury or disrespectful behavior from your side, your lawyer can seek a lenient fine, usually $500.

In Idaho, it is illegal to drive under the influence of drugs or with a breath alcohol concentration (BAC) of 0.08% or more, and 0.02% or greater if you are under 21. It is also illegal to operate a commercial vehicle with a BAC level of 0.04% or more.

If you are arrested for a DUI and your blood alcohol concentration (BAC) is . 20 or higher you will be charged with an Excessive DUI in Idaho - rather than a standard DUI. This is an enhanced criminal charge and, if convicted, can lead to severe and often life changing penalties.