New Jersey Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

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Multi-State
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US-02216BG
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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.

How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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FAQ

If you are stopped by the police on suspicion of driving while intoxicated in New Jersey, you do not have to submit to field sobriety testing.

Students also viewed. Motorists who refuse to take a breath test in New Jersey are also subject to an MVC insurance surcharge of $1,000 per year for three years (N.J.S.A. A-35). Failure to pay this surcharge will result in an indefinite suspension of driving privileges until the fee is paid.

For the first offense ? suspension of your license for seven months and a fine from $300 to $500. Repeat DUI Offenders ? You will lose your license for two years and have to pay a fine of $500 to $1,000 if this is your second refusal. For your third refusal, the suspension lasts for ten years and the fine is $1,000.

Refusal to Submit to Breath Test in NJ If you refuse to take a breathalyzer test when ordered to do so by law enforcement, you will be charged for refusing.

Most states will penalize a test refusal administratively by suspending your license for up to 12 months. This varies by state. This suspension can be in addition to any suspension the court may order if you are convicted of DUI in a criminal case.

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New Jersey Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI