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

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Multi-State
Control #:
US-02160BG
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Word; 
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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

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FAQ

Charges May Be Reduced Your lawyer can make a plea bargain with the prosecutor to have your OWI charge reduced to the lesser charge of ?reckless driving involving alcohol? or even careless driving.

So, if asked, how do laws for OWI vs DWI compare, you now know that it is the same crime of driving impaired or driving intoxicated. The abbreviation on the ticket issued by a police officer will vary, but you are facing the identical crime, for all practical purposes.

Operating While Intoxicated (OWI) carries the following potential maximum penalties: Up to 93 days in jail. Up to 360 hours community service. Fine of up to $500, plus costs.

Every DUI crime is penalized by license suspension, which is handed down by the SOS (Secretary of State). If you are a first-time offender and convicted of OWI, your license will be suspended for 30 days, followed by 150 days of restricted driving privileges.

A DUI charge is similar to OWI which means operating a vehicle while under the influence of alcohol over the legal limit. DUI refers to car-related incidents while OWI can also involve a watercraft or other motorized vehicles.

Michigan also has a rule that gives individuals the right to be arraigned within 14 days of arrest. Additionally, the "77 day" rule requires that a pretrial be held within 35 days, and that your DUI case reach full resolution within 77 days.

In the state of Michigan, a DUI conviction will stay on your record for life. A DUI in Michigan is almost always charged as a misdemeanor, but if you receive several DUI convictions, you may be declared a "habitual violator." A DUI conviction may be charged as a felony if this is your third arrest for drunk driving.

For example, people who drink and drive might receive a DUI or DWI charge. DUI stands for driving under the influence of alcohol or other drugs. On the other hand, DWI stands for driving while intoxicated or impaired. There are several key differences between a DUI v.s DWI in the State of Michigan.

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