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Affidavit in Support of Motion to dismiss for Failure to follow...

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

Q: Is refusing a breathalyzer an admission of guilt in Maryland?

It&#039;s also critical to note that when a person obtains a driver&#039;s license in Maryland, his or her consent to a breath test is presumed in the event that he or she is pulled over for suspected DUI. This does not mean that you must agree to a preliminary breath test, but there are penalties for refusing to do so.

Category:

Civil Procedure - Dismissals

State:

Multi-State

Control #:

US-02161BG

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Instant download

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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How to fill out Affidavit In Support Of Motion To Dismiss For Failure To Follow Breathalyzer Protocols - DUI?

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It's also critical to note that when a person obtains a driver's license in Maryland, his or her consent to a breath test is presumed in the event that he or she is pulled over for suspected DUI. This does not mean that you must agree to a preliminary breath test, but there are penalties for refusing to do so.

So next time you think about blowing into your breathalyzer right after drinking, smoking or eating remember that not waiting 20 minutes will give you an inaccurate BAC reading and you could damage the breathalyzer sensor for any future testing until it is serviced or replaced.

People often get breathalyzers confused with other tests that are not admissible and cannot be used in court. The MVA hearings, in its administrative functions, can look and assess what is or is not admissible in court. If the breathalyzer test is conducted at a station or barrack, it absolutely is admissible.

The 20 minute observation period is often called the ?Wait or Deprivation? period. The purpose of the observation period is to provide a reliable way to minimize the chance that a contaminant will artificially inflate the breath test reading.

Usually, a breathalyzer can tell if someone had alcohol in the past 12 to 24 hours. But remember, this can change from person to person.

If the 20 Minute observation period was not substantially complied with it may result in the breath test reading being suppressed. If the breath test is suppressed, the prosecutor will not be able to use it in court as evidence against the defendant and may have difficulty proving the DUI.

Law enforcement officers are instructed to make sure that a DUI suspect has not had any alcohol for at least 15 to 20 minutes before administering a breath test. If the officer fails to comply with this 20-minute waiting period, mouth alcohol may still be present and may affect the results of the test.

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

Description

Related forms

Viewed forms

How to fill out Affidavit In Support Of Motion To Dismiss For Failure To Follow Breathalyzer Protocols - DUI?

Form popularity

FAQ

Is refusing a breathalyzer an admission of guilt in Maryland?

How long should you wait before taking a breathalyzer?

Are breathalyzers admissible in court in Maryland?

Why is there a 20 minute wait for a breathalyzer?

How long after drinking can alcohol be detected by breathalyzer?

What happens if the 20 minute observation period is not fully completed?

Why wait 20 minutes before breath test?

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

Description

Related forms

Viewed forms

How to fill out Affidavit In Support Of Motion To Dismiss For Failure To Follow Breathalyzer Protocols - DUI?

Form popularity

FAQ

Is refusing a breathalyzer an admission of guilt in Maryland?

How long should you wait before taking a breathalyzer?

Are breathalyzers admissible in court in Maryland?

Why is there a 20 minute wait for a breathalyzer?

How long after drinking can alcohol be detected by breathalyzer?

What happens if the 20 minute observation period is not fully completed?

Why wait 20 minutes before breath test?

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