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.
Missouri Motion In Liming to Exclude Breathalyzer Results for Failure to Follow Observation Protocols — DUI: A Comprehensive Guide In Missouri, a motion in liming can be filed by the defense in a DUI (Driving Under the Influence) case to exclude breathalyzer results from being presented as evidence due to a failure to follow proper observation protocols during the administration of the test. These protocols are essential to ensure the accuracy and reliability of breathalyzer results, and any deviation from them may raise doubt about the validity of the test. When a motion in liming is filed to exclude breathalyzer results based on failure to follow observation protocols in Missouri, it is crucial to provide a detailed description of the specific violations and their potential impact on the reliability of the breathalyzer test. Here are four common types of Missouri motions in liming that can be filed in such cases: 1. Failure to Observe the Defendant Properly: This motion argues that the arresting officer did not follow the required observation period before administering the breathalyzer test. The defense may question whether the officer adequately monitored the defendant for a specific duration, usually 15 or 20 minutes, to ensure that no substances, like food or drink, were consumed, which could affect the breathalyzer results. 2. Absence of Continuous Observation: This motion asserts that the officer failed to continuously observe the defendant during the waiting period before the breathalyzer test. It challenges whether the officer was effectively monitoring the defendant to determine if they belched, regurgitated, or engaged in any activity that could introduce inaccuracies into the breathalyzer result. 3. Lack of Compliance with Observation Protocols: This motion argues that the arresting officer deviated from the standard observation protocols established by the Missouri Department of Health and Senior Services. These protocols include instructions on maintaining a clear view of the defendant, ensuring an appropriate testing environment, and verifying the absence of interfering substances. 4. Inadequate Documentation of Observation: This motion highlights discrepancies or insufficiencies in the officer's documentation of the observation period. By scrutinizing the officer's report, the defense may argue that the documentation fails to provide a complete picture of the defendant's behavior during the observation period, casting doubt on the integrity of the breathalyzer results. When filing any of these motions, it is crucial to provide supporting evidence, which could include witness testimonies, expert opinions, video/audio recordings, photographs, or any other relevant documentation that strengthens the argument for excluding the breathalyzer results. In conclusion, a motion in liming to exclude breathalyzer results for failure to follow observation protocols in a Missouri DUI case is pivotal in challenging the admissibility of such evidence. By identifying and thoroughly addressing the specific violations and their potential impact on test reliability, defense attorneys aim to create reasonable doubt and secure a favorable outcome for their clients.
