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.
Keywords: North Carolina, Affidavit, Motion in Liming, Preclude, Evidence, Breathalyzer Test, DUI Description: A North Carolina Affidavit in support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI is a legal document filed by the defense in a DUI (Driving Under the Influence) case. This affidavit is intended to exclude any evidence related to a breathalyzer test from being presented during the trial. In North Carolina, there are different types of Affidavits that can be filed in support of a Motion in Liming to Preclude any Evidence of Breathalyzer Test for DUI cases. These include: 1. Affidavit of the Defendant: This affidavit is filed by the individual accused of DUI. It contains a sworn statement asserting that the results of the breathalyzer test are unreliable or otherwise inadmissible due to procedural errors, equipment malfunctions, or other reasons outlined in the affidavit. 2. Expert Witness Affidavit: In some cases, a defendant may hire an expert witness, such as a forensic scientist or a breathalyzer expert, to challenge the validity of the breathalyzer test results. The expert witness will file a separate affidavit stating their qualifications and providing an expert opinion on why the breathalyzer results should be excluded. 3. Affidavit of Law Enforcement Officer: This affidavit may be filed by a law enforcement officer involved in the DUI arrest. It can be used to challenge the reliability and accuracy of the breathalyzer device used, highlighting any potential maintenance issues, improper calibration, lack of training, or inconsistencies in the officer's procedures during the test administration. The purpose of filing a North Carolina Affidavit in support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI is to convince the court that the breathalyzer test results should not be considered as evidence due to potential inaccuracies or violations of the defendant's constitutional rights. By excluding the breathalyzer evidence, the defense aims to weaken the prosecution's case and improve the chances of a favorable outcome for the defendant. It is important to consult with an experienced DUI defense attorney in North Carolina to determine the most appropriate type of affidavit to file based on the circumstances of the case and the available evidence. The attorney will guide the defendant through the process of preparing the affidavit and presenting a strong argument to preclude any evidence of the breathalyzer test from being admitted during the trial.
