Kentucky 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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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

In California, all drivers on the road are presumed to have given their ?implied consent? to chemical testing if arrested on suspicion of driving under the influence. This applies to all drivers on the road in California and not just those who carry California driver's licenses.

Ing to Kentucky's implied consent law, when you drive in the state of Kentucky, you automatically agree to take one or more tests of your blood, urine, or breath, or a combination of the same, for purposes of determining the alcohol concentration or presence of any substance which may impair your ability to drive ...

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.

An Implied Consent law is enforced throughout the United States. ing to this law, by driving a vehicle you have agreed to submit to chemical tests of your breath, blood, or urine to determine alcohol or drug content, if asked to do so by a law enforcement officer.

The Commonwealth of Kentucky is an implied consent state and has an implied consent statute in place. See KRS 189a. 103. The statute applies to any person who operates or is in physical control of a motor vehicle or a non-motor vehicle anywhere in the Commonwealth of Kentucky.

Refusing the Breathalyzer machine, typically the Intoxilyzer 5000EN in the Commonwealth of Kentucky, at the police officer's station can have serious consequences for your driving privileges. Driving in Kentucky is a privilege, not a right and it can be revoked if you fail to follow the implied consent law.

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