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.
A Kentucky Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI is a legal document filed by a defendant in a DUI case in the state of Kentucky, highlighting the improper conduct or failure to follow proper breathalyzer protocols by law enforcement during the administration of a breathalyzer test. Keywords: Kentucky, Affidavit in Support of Motion to Dismiss, Failure to Follow Breathalyzer Protocols, DUI, legal document, defendant, law enforcement, administration, breathalyzer test. Different types of Kentucky Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI may include the following: 1. Kentucky Breathalyzer Discrepancy Affidavit: This type of affidavit is filed when the defendant believes that there are discrepancies or irregularities in the breathalyzer test results, such as malfunctioning equipment, improper calibration, or lack of proper administration by law enforcement. 2. Kentucky Improper Breathalyzer Procedure Affidavit: This affidavit is used when the defendant alleges that the law enforcement officers failed to follow proper breathalyzer protocols during the administration of the test. This may include not observing the defendant for the required observation period, not properly explaining the testing process, or not conducting the test in accordance with established guidelines. 3. Kentucky Inaccurate Breathalyzer Results Affidavit: This affidavit is filed when the defendant believes that the breathalyzer test results were inaccurate or unreliable. The defendant may provide evidence or expert testimony to challenge the reliability of the results, such as medical conditions, medications, or external factors that could have impacted the accuracy of the test. 4. Kentucky Unlawful Stop or Arrest Affidavit: While not directly related to the breathalyzer protocols, this type of affidavit may be filed in conjunction with the motion to dismiss. It asserts that the defendant was unlawfully stopped or arrested without probable cause, which could ultimately render the breathalyzer results inadmissible as evidence. Note: It is important to consult an attorney or legal professional for accurate and up-to-date information regarding specific legal matters in Kentucky.
