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.
Title: Michigan Affidavit in Support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI Keywords: Michigan DUI, breathalyzer test, motion in liming, exclude evidence, affidavit, preclude, legal defense, Field Sobriety Tests, blood alcohol concentration, BAC, constitutional rights, search and seizure, Fourth Amendment, Fifth Amendment. Introduction: In the state of Michigan, individuals facing charges of driving under the influence (DUI) have the option to file a Motion in Liming, specifically an Affidavit in Support of Motion in Liming, to exclude any evidence related to the breathalyzer test. This legal document aims to defend the accused by potentially challenging the reliability, accuracy, or legality of the breathalyzer test results. Types of Michigan Affidavit In Support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI: 1. Constitutional Rights Affidavit: This type of affidavit emphasizes the protection of the accused individual's constitutional rights, particularly the Fourth Amendment's prohibition against unreasonable searches and seizures. It may argue that the breathalyzer test was conducted without the proper legal basis or violated the defendant's reasonable expectation of privacy. 2. Inaccuracy Affidavit: The Inaccuracy Affidavit focuses on demonstrating potential issues with the breathalyzer device used during the defendant's DUI arrest. It may challenge the calibration and maintenance records or highlight the device's vulnerability to false readings due to external factors like mouth alcohol, improper operation, or medical conditions. 3. Field Sobriety Tests (FST) Affidavit: This affidavit zeroes in on the reliability of the field sobriety tests administered prior to the breathalyzer test. It aims to question the accuracy and judgement of the arresting officer, potentially arguing that the officer's objectiveness or improper instruction during the FST might have influenced the outcome of the breathalyzer test. 4. Fifth Amendment Privilege Affidavit: This affidavit focuses on the defendant's Fifth Amendment rights against self-incrimination. It argues that submitting to the breathalyzer test, which measures the defendant's blood alcohol concentration (BAC), effectively forces the accused to provide evidence against themselves. The affidavit may claim that requiring a defendant to take the breathalyzer test infringes upon their constitutional protection. Conclusion: The Michigan Affidavit in Support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI encompasses various types of affidavits that aim to challenge the reliability, accuracy, or legality of breathalyzer test results. These legal documents serve as vital tools for individuals facing DUI charges to assert their constitutional rights, challenge the breathalyzer's accuracy, and potentially exclude the evidence obtained from the breathalyzer test.
