Maine Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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US-02160BG
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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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  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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FAQ

A first OUI/DUI conviction is a misdemeanor and generally carries: up to a year in jail (with a minimum of 96 hours when the driver refused alcohol testing) $500 to $2,000 in fines, and. a license suspension of 150 days.

Since a driver who refuses to complete a chemical test violates the implied consent arrangement, almost every state imposes a mandatory driver's license suspension on the driver. This may vary in length from six months to a year. Additionally, in some states, such as New York, fines may also be imposed.

Following your arrest, based solely on the police report and blood alcohol content (BAC) test results, the Secretary of State will immediately suspend your license. This suspension takes place prior to any court appearance, so while you're waiting for your day in court, you won't be driving.

Field sobriety tests are voluntary because, ing to Maine law, ?if there is probably cause to believe a person has operated a motor vehicle while under the influence of intoxicants, that person shall submit to and complete a test to determine an alcohol level and the presence of a drug or drug metabolite by ...

If you have no prior OUI/DWI/DUI's in any state and no refusal in Maine in the last ten years, you are considered a first offender. A first offense OUI with no aggravating circumstances carries a mandatory minimum penalty of 150 days license suspension and a $500 fine.

Implied consent warnings in Maine This means that the police officer must first inform the suspect that the refusal or failure to perform a test will: Result in the suspension of his/her driver's license for up to six years. Be admissible as evidence in a trial for operating under the influence of intoxicants, and.

Refusing a breath, blood, or urine test after an OUI arrest can result in serious criminal and administrative consequences, provided that the officer read you the statutory implied consent warnings.

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Maine Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI