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.
Illinois Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI In the state of Illinois, an affidavit in support of a motion to dismiss for failure to follow breathalyzer protocols is a legal document that seeks to challenge the validity of a DUI charge based on procedural errors during breathalyzer testing. This affidavit is filed by the defense attorney on behalf of the defendant to request the dismissal of the DUI charges, claiming that the breathalyzer test was conducted improperly or failed to adhere to necessary protocols. By doing so, the defense aims to undermine the accuracy and reliability of the breathalyzer results, potentially leading to a reduction of charges or even the case's dismissal. Keywords: — Illinois DUI: This affidavit specifically pertains to DUI cases in the state of Illinois. It addresses the procedures and protocols related to breathalyzer testing for DUI offenses within Illinois jurisdiction. — Affidavit in Support: The document serves as an affidavit, a sworn statement or written declaration made under oath that provides facts and evidence supporting the motion to dismiss for failure to follow breathalyzer protocols. — Motion to Dismiss: The affidavit seeks to support a motion to dismiss the DUI charges against the defendant. It argues that due to the failure to follow proper breathalyzer protocols, the charges should be dropped. — Failure to Follow Breathalyzer Protocols: The affidavit focuses on errors or violations committed during the breathalyzer testing process. It alleges that the law enforcement officers or testing personnel failed to adhere to established protocols, potentially compromising the accuracy of the results. — DUI Defense Strategy: This affidavit is a critical component of the defense strategy employed by defendants facing DUI charges in Illinois. By pointing out procedural errors in breathalyzer tests, the defense aims to weaken the prosecution's case. Different Types of Illinois Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI: 1. Failure to Properly Administer Standardized Field Sobriety Tests (Costs): This type of affidavit argues that the arresting officer did not follow the established protocols for conducting Costs before administering the breathalyzer test. Incorrectly administered or misinterpreted Costs may undermine the overall reliability of the breathalyzer results, potentially leading to a dismissal. 2. Failure to Maintain, Calibrate, or Document Breathalyzer Equipment: This affidavit asserts that the breathalyzer equipment used in the testing process was not properly maintained, calibrated, or documented according to required protocols. This lack of compliance with regulations may cast doubt on the accuracy and reliability of the breathalyzer results. 3. Failure to Properly Observe the Defendant: This type of affidavit challenges the officer's failure to observe the defendant continuously for a specified period before administering the breathalyzer test. Proper observation is essential to ensure the absence of any oral intake or regurgitation, which could affect the test results. If the affidavit demonstrates insufficient observation, it may attack the breathalyzer's accuracy. Note: The specific types of affidavits may vary depending on the circumstances of each case and the defense strategy employed. It is essential to consult with a qualified attorney to determine the most appropriate and effective affidavit to support the motion to dismiss.
