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.
Title: Understanding the Indiana Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols in DUI Cases Keywords: Indiana Affidavit, Motion to Dismiss, Failure to Follow Breathalyzer Protocols, DUI Introduction: In DUI cases, the Indiana Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols serves as a legal document that alleges non-compliance with breathalyzer testing procedures. This article aims to provide a detailed description of this affidavit, its significance, and potential variations within its application. 1. Defining the Indiana Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols: The Indiana Affidavit is a sworn statement submitted by the defendant's attorney, asserting that the law enforcement officers involved in the DUI arrest failed to adhere to the necessary protocols for administering breathalyzer tests. 2. Importance of the Affidavit: By filing this affidavit, the defendant seeks to argue that the breathalyzer results should be disregarded or suppressed due to flawed testing procedures, potentially leading to the dismissal of charges or a stronger defense. 3. Key Elements in the Affidavit: a) Description of the specific breathalyzer protocols violated during the DUI arrest. b) Detailed explanation of how the non-compliance compromised the accuracy and validity of the breathalyzer results. c) Evidence, such as witness statements or expert opinions, supporting the claim of flawed testing protocols. 4. Types of Indiana Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols: While the basic purpose remains the same, variations may occur based on specific circumstances. Some common types are: a) Affidavit for Failure to Administer Field Sobriety Tests: Alleges the failure to conduct proper field sobriety tests before proceeding with the breathalyzer test. b) Affidavit for Failure to Document Maintenance Records: Raises concerns about missing or incomplete maintenance records regarding the breathalyzer device, questioning its reliability. c) Affidavit for Lack of Calibration Verification: Challenges the absence or irregular calibration verification of the breathalyzer instrument used during the arrest. d) Affidavit for Failure to Observe the Driver: Highlights instances where the arresting officer did not properly observe the defendant for the required duration before administering the breathalyzer test. Conclusion: The Indiana Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols is a crucial legal tool in DUI defense. By pinpointing specific violations, defendants can challenge the accuracy of breathalyzer results and potentially strengthen their case. Various types of affidavits may be tailored to the unique circumstances of each case, emphasizing distinct failures in breathalyzer protocol compliance.
