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

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

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How to fill out Motion In Limine To Exclude Breathalyzer Results For Failure To Follow Observation Protocols - DUI?

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FAQ

Excuses for ?failing? a breathalyzer include keeping your breath fresh, using certain mediations and being subjected to testing with a poorly calibrated device.

Per Louisiana DWI law it is against the law for any person to operate or be in physical control of a motor vehicle with a blood alcohol concentration of . 08% or greater. It is not necessary for you to show signs of impairment, just the fact that your BAC is . 08% or greater is a violation of Louisiana's 'Per Se' law.

The simple answer to that question is yes. In the state of Louisiana, you have the right to refuse a breathalyzer or blood test. That right, however, comes with serious consequences. The state of Louisiana is an implied consent state.

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.

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.

This is the reason why the Louisiana Legislature has passed the Implied Consent Law. This law provides that if a person refuses to comply with a police officer's request to use a breathalyzer test, then you can face an automatic license suspension imposed by the Department of Motor Vehicles.

The US Supreme Court last week ruled that while police must obtain a search warrant to take blood to determine blood alcohol content, no such warrant is required in the case of of breathalyzer devices.

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