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

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US-02216BG
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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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FAQ

Idaho Rules of Evidence Rule 410. Pleas, Plea Discussions, and Related Statements. (4) a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.

BAC or BLOOD ALCOHOL LEVEL. Idaho law is very clear regarding what is considered to be driving under the influence. Per Idaho Statutes §316.193, it is considered a criminal offense to either be driving when normal faculties are impaired or when the blood alcohol level is 0.08 percent or more.

Idaho Rules of Evidence Rule 1004. Admissibility of Other Evidence of Content. (d) the writing, recording, or photograph is not closely related to a controlling issue.

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.

Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.

Penalties for Refusing a Breathalyzer Test A license suspension of 1 year if this is the first time you refuse a breathalyzer test. For refusing the breathalyzer test for the second time within the lookback period, which is 10 years in Idaho, the penalties are harsher. You then face a license suspension of 2 years.

Idaho Rules of Evidence Rule 104. Preliminary Questions. (a) In General. The court must decide any preliminary question about whether a witness is qualified, a privilege exists, or evidence is admissible.

If a police officer stops your vehicle on suspicion of drunk driving, they may ask you to submit to a set of field sobriety tests. By law, you are not required to submit to a field sobriety test. Law enforcement uses field sobriety tests to determine if you are impaired by alcohol or drugs.

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