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

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Multi-State
Control #:
US-02216BG
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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.

How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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FAQ

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.

The results of an evidential breathalyzer test are admissible in court. Despite it being within your rights to refuse a breathalyzer, there are consequences for doing so. Your driver's license will be immediately suspended without the possibility of reversal.

The US Supreme Court last week ruled that while police must obtain a search warrant to take blood to determine blood alcohol content, no such warrant is required in the case of of breathalyzer devices.

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 preliminary breath test, or PBT, is sometimes referred to as the roadside breath test as it is offered during a DWI investigation before an arrest takes place. On the other hand, the state test is administered at the station after you have been arrested.

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