North Carolina Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

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Multi-State
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US-02161BG
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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

Implied Consent Driving is a privilege and not a right. Like many other states, North Carolina has an implied consent law. This means that all drivers who face a lawful arrest for impaired or drunk driving must submit to chemical testing to determine blood alcohol content level, including blood tests and breathalyzers.

Yes, you can refuse to provide a sample of your breath into the AlcoSensor. There is no consequence to your driver's license in North Carolina for refusing to blow into the roadside machine, other than the possibility, if not likelihood, of getting arrested for DUI.

Ing to North Carolina law, all people who drive on the highway give implied consent to a blood alcohol test when arrested for a DWI. While many law enforcement officers choose to administer breathalyzer tests, some always choose to administer blood tests.

In North Carolina, it is illegal to drive a vehicle while noticeably impaired or with an alcohol concentration of 0.08 or higher. When driving a commercial motor vehicle, the limit is 0.04.

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.

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North Carolina Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI