Maryland Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - 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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FAQ

Statutes Text. §21?902. (a) (1) (i) A person may not drive or attempt to drive any vehicle while under the influence of alcohol. (ii) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.

???If you refuse to take a test to determine your blood alcohol or drug concentration, or take a test and fail it, the police officer will confiscate your driver's license (Maryland drivers only), issue a paper temporary license and prepare a case for the Maryland MVA file.

This value can also be described as 0.08 BAC. If you test above the legal limit for alcohol (0.08 BAC), or refuse an officer's request to submit to a chemical test for alcohol or drug use, you will be issued an Order of Suspension (form #DR-015A) along with your traffic citation(s).

This level, 0.08 percent, is known as the state's legal limit for alcohol. Any BAC equal or greater than this limit amounts to a serious alcohol offense and can be punished with jail time, sizable fines and a revoked driver's license.

In the state of Maryland, it is considered to be a Per Se violation of driving under the influence of alcohol if the driver has a blood alcohol content (BAC) of 0.08 or higher. Section 2-501. It is illegal to drive or attempt to drive a motor vehicle when the driver is under the influence of alcohol. Section 21-902(a).

A person who has a blood alcohol concentration (BAC) of . 08 or greater is assumed to be under the influence of alcohol. Maryland law calls a BAC of . 08 or above ?under the influence per se.?

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Maryland Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI