Louisiana Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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Multi-State
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US-02160BG
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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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  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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FAQ

What if I'm asked to take a field sobriety test in Louisiana? Politely refuse to take field sobriety tests, They are not legally required in Louisiana.

In Louisiana, any driver with a blood-alcohol concentration (BAC) above . 08 percent is considered intoxicated (drunk) under the law. In Louisiana, this evidence is all that is necessary for someone to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

You could get your driver's license suspended and even face jail time or fines. If you refuse a breathalyzer enough times, you could face a separate criminal offense from a DUI. Baton Rouge DUI lawyers at the Law Offices of Ossie Brown explain all this and more below.

§ is DWI or driving while intoxicated or impaired. DWI can refer to alcohol and other substances, and it commonly involves a driver having a blood alcohol concentration (BAC) of 0.08 percent or more. Both terms (DUI and DWI) are often used interchangeably to refer to drunk driving.

So ? what happens if you refuse a breathalyzer test? You could get your driver's license suspended and even face jail time or fines. If you refuse a breathalyzer enough times, you could face a separate criminal offense from a DUI.

After an arrest for a drunk driving offense, you will have to take another test. Typically, this is a chemical test using a breathalyzer. The breathalyzer is not a portable machine and produces results that are more accurate and can be admitted into court as evidence against you.

First Offense OWI/DUI/DWI Up to six months in jail, or a fine of $300 to $1,000, or both. 48 hours in jail. Up to two years of probation supervision. Approximately 30 hours of education in driver improvement, substance abuse, and a MADD victims impact program.

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Louisiana Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI