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

Category:
Civil Actions - Driving under the Influence
State:
Multi-State
Control #:
US-02216BG
Format:
Word; 
Rich Text
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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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FAQ

Kansas DUI Law Generally, first or second DUI offense will be charged as a misdemeanor. However, both third and fourth DUI convictions will be treated as felonies.

Kansas has zero tolerance for drivers under 21 years old who choose to drink and get behind the wheel. Drivers under 21 who are found to have a BAC of . 02 or greater face a 30-day suspension of driving privileges followed by a 330-day period of restricted privileges.

DUI penalties in Kansas Type of Offense1st OffenseJail48 hours to six monthsFinesUp to $1,000License Suspension30 days (1 year with BAC of .15 g/mml or more)Ignition Interlock Device (IID)180 days (1 year with BAC of .15 g/ml or more)

Although the subject group was small, the results are clear. The presence of smokeless tobacco in the mouth did not add alcohol to a breath test result, either directly or by trapping alcohol in the oral cavity.

In Kansas, if a person refuses to take a breath test, they will receive a one-year suspension of their license. Once their license is back, they must also drive for two years with an ignition interlock device, which is a tool that measures the alcohol in a person's breath when they blow into a mouthpiece.

Offenders will be required to pay financial penalties, and first offenders will have their driving privileges suspended for 30 days, and restricted for an additional 180 days. Once the suspension period is up, drivers must apply for a restricted license after installing an ignition interlock device.

While the state of Missouri deems you to have consented to such testing under its "implied consent" law, you may refuse to submit to the test. However, if you refuse to take the alcohol or drug test, your Missouri driving privilege will be revoked for one year. This is known as a "Chemical Revocation".

Refusing to take these tests can lead to legal consequences. Under this law, if a driver refuses to submit to a breathalyzer or blood test, they may face penalties separate from those imposed for a DWI offense.

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