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

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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

Therefore, the following could possibly constitute a reasonable excuse: Serious health problems, such as lung conditions, heart conditions, diabetes, serious injuries, hyperventilation, shortness of breath caused by asthma, extreme nervousness or breathing problems resulting from a panic attack.

Handheld breathalyzer tests are inadmissible in Minnesota courts. The police like to use them to establish probable cause for an arrest. But to obtain admissible evidence, they must perform the test on a stationary breathalyzer or use a blood test.

Under Minnesota law, you must take an implied consent breath test administered at the police station. You must also take a blood or urine test at the hospital if a breath test is not administered at the station. Refusing an implied consent sobriety test is a crime.

In Minnesota, the crime of a first-time test refusal is always charged as a gross misdemeanor (maximum penalties of a year in jail and/or a $3000.00 fine). A first-time DWI charged with having an alcohol test result of . 08 to . 15 faces a misdemeanor charge (up to 90 days in jail and/or a $1000.00 fine).

Can I Refuse To Take a Breath Test? As an easy rule: do not refuse a breathalyzer. Under section 320.15 of the Criminal Code, refusal of a breathalyzer is a criminal offence. Police cannot force you to take it, but the refusal to do so will result in a criminal charge and therefore, lifelong consequences.

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