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.
If you have been charged with a DUI in Nebraska and believe that proper breathalyzer protocols were not followed during your arrest, you may be able to file a Nebraska Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols. This motion is designed to challenge the validity of the breathalyzer test results and potentially have your criminal charges dismissed. Breathalyzer tests are commonly used by law enforcement officers to measure a person's blood alcohol concentration (BAC) and determine if they are driving under the influence of alcohol. However, it is essential that specific protocols and procedures are followed to ensure accurate and reliable results. For a successful Nebraska Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols, it is crucial to outline any substantial deviations from proper breathalyzer testing procedures conducted during your arrest. Some common grounds for filing this motion may include: 1. Equipment Calibration: The breathalyzer equipment used must be properly calibrated and maintained. If you suspect that the calibration was not up to date or if the machine itself was faulty or malfunctioning, it can call into question the accuracy of the test results. 2. Operator Certification: The person administering the breathalyzer test must hold the necessary certifications and training to perform the test accurately. If you believe the officer conducting the test was not properly certified or lacked appropriate training, it can challenge the validity of the results. 3. Observation Period: Prior to administering the breathalyzer test, officers are required to observe the suspect for a certain period to ensure they do not consume any substances that may affect the test results. If you were not properly observed, it can be argued that the breathalyzer results may not be reliable. 4. Intoxilyzer Protocol: Nebraska law enforcement agencies generally use Intoxilyzer machines for breathalyzer tests. These machines have specific protocols and procedures that need to be followed precisely. Any variations from the prescribed guidelines can be a basis for challenging the test results. 5. Chain of Custody: It is crucial to establish a reliable chain of custody for the breathalyzer testing equipment and the sample collected. If there are any gaps or inconsistencies in the documentation of the equipment's movement or storage, it can undermine the reliability of the test results. If your Nebraska Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols is successful, the court may dismiss the charges against you or exclude the breathalyzer test results from being used as evidence. It is essential to consult with an experienced criminal defense attorney who can assess the specific circumstances of your case and help determine the best strategy for your defense. Remember, this content provides general information and should not be considered legal advice. It is highly recommended consulting with a qualified attorney for guidance tailored to your unique situation.
