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

Category:
Criminal - Driving under the Influence
State:
Multi-State
Control #:
US-02160BG
Format:
Word; 
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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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How to fill out Motion To Dismiss Criminal Charges For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

Each state has its own statute of limitations for driving under the influence. In Illinois, the statute varies depending on the nature of the crime. For a misdemeanor DUI, the statute lasts 18 months from the time you drove drunk.

Finally, if you are acquitted of a DUI after a trial, or the charges against you are dropped, then you certainly have achieved the best-case scenario. However, most clients would consider a prosecutor's offer of a careless driving guilty plea in exchange for withdrawing the DUI charges to be an absolute win.

This is where successful completion of court supervision results in no conviction being entered against you. The best case scenario for a first time drunk driving offender in Illinois is a finding of not guilty or an opportunity for court supervision.

A driver with no prior charges for driving under the influence (DUI) or reckless driving in Illinois is typically eligible for a special disposition called court supervision.

Often, DUI charges in Illinois get reduced to a wet reckless plea, as it is less serious than a DUI conviction. If the prosecution's case is weak or you had a low blood alcohol content at the DUI arrest, the prosecutor may ask you to plead guilty to a wet reckless charge to avoid the penalties of a DUI.

Now, expungement is no longer an option. DUIs are taken seriously in Illinois, and most misdemeanor and felony convictions can't be expunged. Now, your best option is to seek a pardon from the governor. The governor has the power to grant a pardon, but you'll need to seek out the opportunity.

3 common defenses to DUI charges in Illinois Improper field sobriety tests. When a law enforcement officer pulls someone over on suspicion of drunk driving, he or she can put the driver through a series of field sobriety tests. ... Inaccurate blood or breath test. ... Necessity.

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