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.
Kansas Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI An Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols in a DUI case in Kansas is a legal document filed to challenge the admissibility of the breathalyzer test results due to procedural errors or failures to adhere to established protocols. This affidavit serves as a crucial tool for defense attorneys in attempting to suppress or exclude the breath test evidence from being presented in court. The Kansas Affidavit in Support of Motion to Dismiss highlights specific instances where law enforcement officers may have deviated from proper breathalyzer protocols, casting doubts on the accuracy and reliability of the test results. By effectively demonstrating such procedural errors, the defense aims to weaken the prosecution's case and increase the chances of a favorable outcome for the defendant. Some common failures or mistakes that may give rise to a motion to dismiss or suppress include: 1. Calibration Issues: The defense may argue that the breathalyzer device used was not properly calibrated according to prescribed standards, potentially leading to inaccurate readings. 2. Operator Errors: The defense may point out instances where the officer administering the breathalyzer test failed to follow the correct procedures, such as not allowing the required observation period before the test or neglecting to check for residual mouth alcohol. 3. Documentation Deficiencies: The defense might assert that the officer failed to accurately document the details of the breath test procedure or neglected to include necessary information in the reports, raising concerns regarding the test's validity. 4. Lack of Certification: The defense may challenge the certification and training records of the officer conducting the test, asserting that they were not authorized or adequately qualified to administer the breathalyzer test. 5. Breath Test Machine Malfunctions: The defense might argue that the breathalyzer machine itself was defective or prone to technical errors, which could result in inaccurate blood alcohol content (BAC) readings. 6. Chain of Custody Issues: The defense may question the custody and handling of the breathalyzer machine, samples, or test records, alleging potential evidence tampering or contamination. By crafting a compelling and detailed Affidavit in Support of Motion to Dismiss, the defense aims to convince the court that the breathalyzer test results should be deemed inadmissible due to the failures or deviations from established protocols. Depending on the specific facts and circumstances of each case, defense attorneys may tailor the affidavit to emphasize the relevant issues and arguments specific to their client's defense strategy. In summary, the Kansas Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols is a crucial legal document used to challenge the admissibility of breathalyzer test results in a DUI case. It highlights potential errors, deviations, or procedural failures to cast doubt on the reliability of the test, thereby seeking to weaken the prosecution's case and improve the defense's chances of a favorable outcome.
