Missouri 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.

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FAQ

In California, all drivers on the road are presumed to have given their ?implied consent? to chemical testing if arrested on suspicion of driving under the influence. This applies to all drivers on the road in California and not just those who carry California driver's licenses.

Ten Defense Strategies for Fighting DWI Charges in Missouri Strategy 1: An illegal traffic stop. Strategy 2: Challenge the officer's observations. Strategy 3: Challenge results of field sobriety tests. Strategy 4: Breathalyzer not maintained properly. Strategy 5: Breathalyzer test improperly administered.

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.

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".

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.

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".

Ing to Missouri's implied consent statute, refusing to submit to a breath or blood test after a reasonable request from police leads to presumptive one-year license revocation. Under the statute, when you opt to drive on state roads, you grant ?implied agreement? to submit to alcohol tests.

Missouri has a "Zero Tolerance Law," which means that any driver under the age of 21 who is found to have a blood alcohol concentration (BAC) of 0.02% or higher can face legal consequences, including license suspension, fines, mandatory substance abuse programs, and potential criminal charges.

Typically, this is a chemical test using a breathalyzer. The breathalyzer is not a portable machine and produces results that are more accurate and can be admitted into court as evidence against you.

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