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Motion In Limine to Exclude Breathalyzer Results for Failure to...

Kentucky Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02205BG

Format:

Instant download

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

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.

The following can impact breathalyzer test results: Asthma medicines. Some asthma inhalers will inject a concentration of medications that contain up to 34 percent alcohol as well as other substances that could be interpreted as alcohol into the lungs. ... Over-the-counter medications. ... Anbesol and other gels. ... Mouthwashes.

Yes, nicotine can cause a smoker to register a false positive when performing a breathalyzer test. But as unbelievable as it may sound, specific forms of tobacco use are more likely to cause this to happen.

Smoking and Blood Alcohol One study in the British Medical Journal found that concentrations of blood alcohol in smokers ?were significantly less during the smoking period compared with the non-smoking period.? Essentially, the study showed that BAC levels can be lower in smokers.

It has been well-established that the following medications and substances can cause false positives for BAC in breath testing: Asthma medications. ... Nyquil and OTC medications with alcohol. ... Anbesol in Oral Gels. ... Mouthwash and Breath Spray. ... Fumes. ... Gastroesophageal Acid Reflux. ... Ketones.

A refusal to give a breath or blood sample results in a pre-trial suspension of your license with no hardship privileges. A refusal to take the field sobriety tests (in Kentucky), however, carries no penalty against your license.

The Difference Between DUI and DWI DUI could mean driving under the influence of alcohol, or it may mean driving under the influence of drugs. The drugs could be over-the-counter, prescription or illegal. DWI, on the other hand, may mean driving while intoxicated or driving while impaired.