Missouri 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

Missouri's Implied Consent Law Anyone who drives a motor vehicle on Missouri highways is legally ?deemed to have given consent? to a blood or breath test if a police officer has ?reasonable grounds? to believe the person is driving under the influence of alcohol.

Do I Qualify For a Hardship License MO? Your license is eligible for reinstatement, but you have not met all the reinstatement requirements. You have been convicted of a felony offense involving a motor vehicle within the last five years.

The major consequences of a chemical test refusal are: increased penalties in addition to the standard California DUI penalties, and. a mandatory driver's license suspension that will occur regardless of the outcome in your DUI case.

However, if you also lost your driving privilege due to refusing to take an alcohol or drug test, you must file proof you completed a Substance Awareness Traffic Offender Program (SATOP), file an SR-22 insurance form, and pay an additional $45.

Administrative Alcohol or Zero Tolerance Pay the $45 reinstatement fee; File and maintain proof of liability insurance (SR-22 form Document) for two years from the starting date of your suspension or revocation. ... File proof you successfully completed a Substance Awareness Traffic Offender Program (SATOP);

If the police say you refused to submit to a test of your breath or blood, then they will seize your Missouri driver's license and hand you a Form 4323 that states your driver's license will be revoked for one year for refusing a breath test. The Form 4323 will serve as a driving privilege for the next 15 days.

While the state of Missouri deems you to have consented to such testing under its "implied consent" law, you may refuse to submit to the test. However, if you refuse to take the alcohol or drug test, your Missouri driving privilege will be revoked for one year. This is known as a "Chemical Revocation".

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