Massachusetts Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

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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.

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FAQ

The hydrogen breath test is a simple medical test that measures hydrogen gas levels (H02) in the breath you exhale. It's used to help diagnose common digestive problems, including SIBO, IBS and lactose intolerance. Different versions of the test measure your digestion of different sugars.

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.

Failing a breathalyzer test means that you are over the legal limit for your blood alcohol content (BAC) and criminal prosecution will ensue. The following talks about the accuracy of breathalyzer tests and your defense against these seemingly infallible results.

A breath alcohol test measures how much alcohol is in the air you breathe out. The device uses that measurement to estimate how much alcohol is in your blood. That number is known as your BAC, or blood alcohol content.

In Massachusetts, refusing to take a chemical test is not a criminal offense, but is instead a statutory requirement with an administrative suspension/revocation. The RMV will suspend/revoke your learner's permit/driver's license or right to operate immediately.

A breath test is admissible in court, but it doesn't always give accurate results. False positives can be caused by mouth alcohol, which occurs when you have alcohol in your mouth from your last drink before blowing it into the machine. Another common reason is if you breathe slowly while taking the test.

The breath alcohol test measures the amount of alcohol in the blood by testing exhaled air. The test is performed by blowing into a breath machine 15 minutes after alcohol consumption. The test determines how much alcohol it takes to raise the blood-alcohol level to a dangerous level.

On Wednesday, the highest court in Massachusetts ruled that breathalyzer tests conducted in the state between June 2011 and April 2019 cannot be utilized in DUI prosecutions.

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Massachusetts Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI