Michigan Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

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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

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.

If a police officer has "reasonable cause" to believe that a driver may be intoxicated, the officer may request that a motorist submit to a preliminary breath test. The police officer may arrest the driver based in whole or in part by the results of a preliminary chemical breath analysis.

No, it's not a crime to refuse to blow into a PBT to determine how drunk or impaired you are. But if you do refuse to take a breathalyzer test, you're violating the Michigan Vehicle Code.

If you are found to be in violation at the implied consent hearing, you will receive six points on your driving record and a one-year license suspension. If it is your second refusal within seven years, the license suspension period will be two years.

It's crucial to remember that even while your license won't be suspended and there won't be any points added to your record, it is a civil infraction to refuse a PBT. You'll have to pay a small fine, but that's all.. The purpose of the roadside breath test is ultimately to establish probable cause for an arrest.

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

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Michigan Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI