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

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Multi-State
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US-02160BG
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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

Since 1988, all 50 states and the District of Columbia have implemented zero tolerance laws that set a limit of 0.02% BAC or lower for drivers under age 21. The 0.02 limit is equivalent to about one drink for the average person.

North Dakota Zero Tolerance Laws The law doesn't make exceptions, no matter how innocent you think your drinking may be. If you are under 21 and you are caught drinking alcohol and driving, you are considered legally intoxicated if your blood alcohol level (BAC) is 0.02 percent or more at the time of driving.

In North Dakota, obtaining a license counts as implied consent to have your blood alcohol level tested on demand by police. This can be either a breathalyzer or an actual blood test, at the discretion of law enforcement. You can refuse the test.

Suspension or Revocation Period: If a DOT hearing officer determines that your license should be suspended, or if you are convicted of a DUI, your license will be suspended for a period of 91 days if your license if your BAC was below a . 18, and 180 days if your BAC is above a . 18.

North Dakota, 579 U.S. 438 (2016) is a case in which the Supreme Court of the United States held that the search incident to arrest doctrine permits law enforcement to conduct warrantless breath tests but not blood tests on suspected drunk drivers.

The "per se" alcohol concentration in North Dakota is 0.08 percent. For drivers operating a commercial vehicle, the alcohol concentration is 0.04 percent, and for operators under 21 years of age, the alcohol concentration is 0.02 percent.

Refusal to submit to a chemical test as required by law may be considered a crime and may result in revocation of your driving privileges for 180 days to 3 years. Criminal Vehicular Injury results in up to five years imprisonment.

Links: North Dakota has a zero tolerance for anyone under the age of 21 operating a motor vehicle when blood alcohol measures . 02 and above. If you see an impaired driver on the road you can report this to law enforcement by call 9-1-1.

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