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

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Multi-State
Control #:
US-02161BG
Format:
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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FAQ

A breath test is admissible in court, but it doesn't always give accurate results. False positives can be caused by mouth alcohol, which occurs when you have alcohol in your mouth from your last drink before blowing it into the machine. Another common reason is if you breathe slowly while taking the test.

A PBT refusal is merely a civil infraction in Michigan, and it carries no points and does not get abstracted to a driver's license. Unless the driver is a minor or a commercial driver, a preliminary breath test refusal is a fine of $100.00 to $200.00.

Michigan has an implied consent law that essentially means that if you are stopped for suspicion of DUI, you automatically consent to a breath test. You have every right to refuse, but because of this law you may be penalized.

Under Michigan's drunk driving statutes, a preliminary breath test is admissible in court except for certain circumstances.

If you do happen to get pulled over for a DUI/OWI, here are 5 things to keep in mind. Pull Over Quickly And Stay In Your Car. ... Be Polite To Law Enforcement. ... You CAN Invoke Your 5th Amendment Rights. ... Understand that Being Candid Most Likely Won't Help You. ... Stay Calm When Getting Arrested.

Automatic License Suspension: Refusing a breathalyzer test triggers an automatic administrative suspension of your driver's license, regardless of whether you're ultimately convicted of a DUI. The suspension period typically lasts longer than for a first-time DUI offense.

DataMaster Breathalyzer Test (Police Station) If you decline, your license will be suspended for a year, and six points will be added to your record. Also, refusing the DMT often leads to a separate misdemeanor charge.

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