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

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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

Knowing the possible penalties is important so you keep yourself informed. If you are accused of a first time DUI in Montana you are facing a potential sentence of at least 24 hours in jail and up to 6 months in jail.

The law in Montana is that when you get your driver's license, you have given the State of Montana your implied consent to provide a breath test upon suspicion of intoxicated driving. However, you also have the right to refuse any sobriety tests.

If you refuse a lawful request for a breath or blood test (urine is rarely tested), and you have your license with you, it will be seized and forwarded to the Department of Motor Vehicles, along with an Implied Consent Refusal Certification form. This form documents that you refused one or more of the requested tests.

If you've been accused of DUI The case could be dismissed on a technicality by the judge. The case could be dismissed by the prosecutor. The case could be resolved via a deferred prosecution agreement, where charges are ultimately dismissed. The case could be transferred to a DUI treatment court.

The sentence may not be deferred for a DUI offense. The offender must be fined a minimum of $300 to a maximum of $1000.

In short, YES! In Montana, you can refuse any and all requested testing by law enforcement if stopped for DUI. By law, when driving and you come into contact with law enforcement, you must produce your: Driver's license.

You'll just get sentenced and get a DUI on your record forever. By entering a Not Guilty plea, you allow the process to begin and your case will be assigned a judge, prosecutor, and case number.

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