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.
A Motion in Liming is a legal filing requesting the court to exclude certain pieces of evidence from being presented during a trial. In the context of a DUI (Driving Under the Influence) case in New Hampshire, a Motion in Liming may be filed to exclude breathalyzer test results due to the failure to follow observation protocols. Breathalyzer tests are often used to determine a person's blood alcohol concentration (BAC), which is crucial evidence in DUI cases. However, a DUI defense attorney may argue that the breathalyzer results should be suppressed if the law enforcement officer failed to follow proper observation protocols, leading to potentially inaccurate or unreliable test results. In New Hampshire, there may be different types of Motions in Liming to Exclude Breathalyzer Results for Failure to Follow Observation Protocols in DUI cases. Some possible variations or subcategories of this motion could include: 1. Motion in Liming based on Failure to Follow Standardized Field Sobriety Test Observation Protocol: The defense may argue that law enforcement officers did not adhere to appropriate observation procedures during the administration of standardized field sobriety tests, leading to biased or inaccurate assessments of the defendant's impairment level. 2. Motion in Liming based on Failure to Comply with Observation Period before Breath Testing: This motion would address situations where the law enforcement officer did not provide an adequate observation period before administering the breathalyzer test. The defense may argue that this failure could have affected the reliability of the test results. 3. Motion in Liming based on Failure to Continuously Observe the Defendant: This motion may be filed when the arresting officer did not continuously observe the defendant for the required observation period, creating doubts about the accuracy and validity of the subsequent breathalyzer results. 4. Motion in Liming based on Questionable Compliance with Observation Protocols: This motion might be utilized when the defense believes there are specific instances or circumstances during the observation process that raise doubts about the officer's compliance with standardized protocols, potentially leading to the exclusion of the breathalyzer test results. It is important to note that the specific variations of Motions in Liming may vary depending on the facts and circumstances of each DUI case in New Hampshire. DUI defense attorneys would tailor their arguments according to the evidence and protocols involved, aiming to exclude the breathalyzer results based on the failure to follow observation protocols.
