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

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Multi-State
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US-02216BG
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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.

How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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FAQ

Indiana Laws Enforce the Implied Consent to Breath Tests You could face immediate suspension of your driver's license, and refusal may also result in additional criminal charges beyond DUI. It's important to understand that refusing a breathalyzer test does not necessarily mean that you will avoid conviction for DUI.

Excuses for ?failing? a breathalyzer include keeping your breath fresh, using certain mediations and being subjected to testing with a poorly calibrated device.

The laws regarding implied consent in Indiana are located in Indiana Code 9-30-6. Generally, this law means that any person who chooses to operate a vehicle in Indiana is also giving their consent to submit to a certified chemical test.

One of the best ways to combat an OWI charge in Indiana is to challenge the arrest itself. Far too many police officers make mistakes or break protocol when they are arresting someone they suspect of being intoxicated. These mistakes can work out in your favor when we bring them to light in court.

The Indiana Implied Consent Law And DUI (OWI) Test Refusal You can refuse, of course, however the officer may obtain a search warrant for a chemical test. Nobody will force you to take the test without obtaining a search warrant unless you were in an accident which caused bodily injury.

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