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Motion In Limine to Exclude Breathalyzer Results for Failure to...

New Hampshire Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

Q: How long do you lose your license for refusing a breathalyzer in Mass?

For Massachusetts driver&#039;s between the ages of 18 and 21, your Driver&#039;s License will be suspended if you refuse the Breathalyzer Test for: No Prior OUI Offenses: 3 years plus 180 days. 1 Prior OUI Offense: 3 years plus 180 days. 2 Prior OUI Offenses: 5 years plus 180 days.

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02205BG

Format:

Instant download

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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FAQ

The Implied Consent Law in New Hampshire provides that any licensed person operating a motor vehicle automatically agrees to submit to a chemical test of his blood, breath, or urine, if properly requested by police.

New Hampshire DWI Penalties The mandatory penalties for DWI-1st offense are as follows: Minimum fine of $500.00, maximum $1200.00, plus a 24% penalty assessment. Mandatory minimum license loss of 9 months, which may be reduced to as little as ninety days based on conditions. Maximum license loss is two years.

Penalties for refusing the New Hampshire breathalyzer test include: First-time offenders: Automatic 180-day license suspension with the DMV. Second or subsequent offenders: Carries a two-year license suspension with the DMV. Refusal while using a probationary license: License suspension of up to 90 to 180 days.

Refusing a Breath Test Refusing a blood or breath test triggers the New Hampshire administrative license suspension process and results in a license loss of 180 days for a first offense and 2 years for a second offense. It may also lead to being charged with the crime of Driving While Intoxicated (DWI).

For Massachusetts driver's between the ages of 18 and 21, your Driver's License will be suspended if you refuse the Breathalyzer Test for: No Prior OUI Offenses: 3 years plus 180 days. 1 Prior OUI Offense: 3 years plus 180 days. 2 Prior OUI Offenses: 5 years plus 180 days.