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.
In Maryland, a Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols can be filed in DUI (Driving Under the Influence) cases where there is evidence suggesting that the breathalyzer test protocols were not followed correctly. This motion seeks to have the DUI charges dismissed on the grounds of procedural errors or violations. Several types of Maryland Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols — DUI can be identified: 1. Improper Calibration: The defense may argue that the breathalyzer device used was not properly calibrated or maintained, potentially leading to inaccurate blood alcohol concentration (BAC) readings. They may claim that the device was not regularly serviced or calibrated according to manufacturer specifications, casting doubt on the reliability of the test results. 2. Inadequate Observation Period: Breathalyzer protocols in Maryland usually require a specific observation period before conducting the test. The defense can assert that the arresting officer did not adequately observe the accused during this period, potentially compromising the accuracy of the test results. The motion may claim that there was a lack of continuous observation, raising questions about the reliability of the obtained BAC reading. 3. Failure to Administer the Test Correctly: This motion argues that the arresting officer failed to administer the breathalyzer test in accordance with established protocols. It may claim that the officer did not provide clear instructions on how to blow into the device, wrongly influenced the accused's breath sample, or failed to ensure the accused's compliance with the test requirements. Any deviation from proper testing procedures could justify the dismissal of DUI charges. 4. Failure to Comply with Maryland Refusal Law: Maryland has implied consent laws, which require drivers suspected of DUI to submit to a chemical test. The defense may seek a Motion to Dismiss if it can be proven that the arresting officer did not inform the accused about the consequences of refusal or did not properly advise them of their rights under the law. This motion focuses on the failure to follow protocols related to informing the defendant of the consequences of refusing a breathalyzer test. 5. Inaccurate Test Results: This motion centers around challenging the accuracy or validity of the breathalyzer test results themselves. The defense may argue that factors like medical conditions, equipment malfunction, or interference from external substances could have led to an inaccurate BAC reading. They may present evidence suggesting alternative explanations for elevated BAC levels, creating doubt about the test's reliability. It is important to note that the success of a Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols — DUI in Maryland depends on the specific circumstances, evidence, and legal arguments presented. Consulting an experienced attorney familiar with DUI laws and defense strategies can be crucial in navigating this complex process effectively.
