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.
North Dakota Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI plays a crucial role in defending individuals who have been charged with DUI (Driving Under the Influence) offenses in North Dakota. This legal document is used to request the dismissal of DUI charges, specifically when there has been a failure to follow proper breathalyzer testing protocols. The North Dakota Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI must be filed by the defendant's attorney and provides a detailed account of the specific breathalyzer procedures that were not properly followed during the DUI arrest. By highlighting these protocol failures, defendants aim to weaken the prosecution's case and increase the likelihood of getting their charges dismissed. Keywords: North Dakota, Affidavit, Motion to dismiss, Failure to follow, Breathalyzer Protocols, DUI. Types of North Dakota Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI: 1. Accuracy and Calibration Affidavit: This type of affidavit focuses on challenging the accuracy and calibration of the breathalyzer device used during the DUI arrest. It is typically utilized when there are concerns about the device's maintenance records, non-compliance with manufacturer guidelines, or issues related to the device's proper functioning. 2. Administration and Compliance Affidavit: This affidavit aims to prove that the arresting officer failed to adhere to the established breathalyzer testing procedures mandated by North Dakota law. It highlights any deviations from the standardized protocols, such as improper observation periods, inadequate instruction to the defendant, or failure to document critical steps during the testing process. 3. Chain of Custody Affidavit: This affidavit is employed when there are doubts regarding the proper handling and storage of breathalyzer samples. It focuses on questioning the chain of custody, attempting to demonstrate that there were opportunities for contamination or tampering with the samples, thus rendering the test results unreliable. 4. Calibration Maintenance Affidavit: This type of affidavit challenges the reliability of breathalyzer results by questioning whether the device was appropriately calibrated before performing the test. It examines maintenance records, certification of calibration, and the frequency of device calibration, aiming to cast doubt on the accuracy of the results. 5. Expert Witness Affidavit: In some cases, an expert witness affidavit may be filed to support the defendant's claims regarding breathalyzer protocol failures. This affidavit is submitted by an expert in breathalyzer technology or DUI testing procedures, who can provide professional opinions and testify on behalf of the defendant. By leveraging the North Dakota Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI, defendants aim to challenge the admissibility and accuracy of breathalyzer test results, ultimately seeking the dismissal of their DUI charges.
