Michigan Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

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Multi-State
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US-02216BG
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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.

How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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FAQ

These include blood, breath, saliva, and urine tests. Blood Test for BAC. A BAC test based on a blood sample is generally considered more accurate and reliable. ... BAC Breath Test. A breath test is the most common and widely used method to measure blood alcohol concentration. ... BAC Saliva Test. ... BAC Urine Test.

A breath alcohol test that is administered on the side of the road is known as a preliminary breath test (PBT). During a traffic stop, a police officer who has reasonable grounds to believe that you may be driving under the influence may request that you submit to a preliminary breath test.

Preliminary Breath Tests are Given Prior to an Arrest The PBT is a portable breath test given prior to an arrest at roadside. As with the field sobriety test, the preliminary breath test is administered primarily to determine if a motorist has alcohol in his or her system, or is sober.

There's no way to accurately check your BAC without taking a breathalyzer or blood test. However, you can get a rough estimate based on your sex, body weight, and how many alcoholic drinks you've consumed over a specific amount of time.

Refusing a PBT does not mean you go on your way, it can actually make things worse. 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.

Urine analysis is used by law enforcement to calculate blood alcohol concentration (BAC).

You can buy breath alcohol devices to measure your BAC at many pharmacies or through the Internet. The manual device is a glass tube (or a balloon and a glass tube) containing crystals that change color when exposed to alcohol from your breath. This device is less expensive than electronic meters.

Urine tests are less accurate than breath and blood tests, and tend to be used only when other tests are not available. Urine testing is also considered an intrusive testing method, similar to blood tests. Studies have shown that urine test results can be significantly higher or lower than the actual BAC in the blood.

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Michigan Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI