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Mississippi Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

Category:
Criminal - Driving under the Influence
State:
Multi-State
Control #:
US-02160BG
Format:
Word; 
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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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  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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FAQ

Upon conviction of a DUI, 1st offense, a Class R license will be suspended for 120 days, absent a court order for the ignition interlock-restricted license. Attendance and completion of the Mississippi Alcohol Safety Education Program (MASEP) is required, along with proof of insurance for three years.

One of the most obvious ways to fight a DUI charge is to challenge the reliability of the arresting officer and the police report. The police witness who made the arrest may give contradictory statements. They may also make errors in their testimony, such as recalling the wrong date or time of day.

What is the best case scenario for DUI A DUI lawyer can use low BAC to get a better deal. A DUI lawyer can offer you a good plea bargain by using your low blood alcohol concentration. ... DUI charges could lead to job termination. ... License suspension hearings are limited to a few issues. ... DUI charges for first-time offense.

Refusing the breathalyzer test is a violation of the law, which will result in an automatic 90-day suspension of your driver license, even if you aren't later convicted of a DUI. You have 10 days to contest this suspension in a test refusal hearing, which isn't much time. You should contact a lawyer immediately.

2. - What effect does a DUI conviction have on my record? If eligible for being a first-time offender in Mississippi, a DUI conviction (under the Mississippi code) stays on your driving record for five (5) years, during which time any additional DUI convictions will increase the punishment.

Under non-adjudication, the driver must complete an alcohol safety program, complete a 120-day ignition interlock device (IID) requirement, and pay various fines and fees. If the driver successfully does all of these things and completes the program, the case will not result in the normal DUI penalties.

A first offense DUI in Mississippi carries many penalties. If convicted, you'll be fined no less than $250 and up to $1000, or sentenced to 48 hours in jail, or both. So the possible outcomes with that are either just a fine, just jail time, or both. It's up to the judge following your trial or plea.

Statute of Limitations Within Mississippi, from the date of your DUI arrest, the district attorney has two years to file charges for a misdemeanor.

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