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.
New Mexico Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI Keywords: New Mexico, Affidavit, Motion to dismiss, Failure to follow, Breathalyzer Protocols, DUI Description: In New Mexico, an individual facing a DUI charge may use an Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols as a legal defense strategy. This affidavit serves as a formal document outlining the defendant's argument that the arresting officer or the breathalyzer operator failed to follow proper procedures during the breathalyzer test, potentially compromising the validity and admissibility of the test results as evidence. Types of New Mexico Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI: 1. Technical Procedural Failure: This type of affidavit argues that the arresting officer or the breathalyzer operator failed to adhere to established protocols regarding the breathalyzer test. It may accuse the operator of not adequately calibrating the device, not observing the defendant for the required period, or not properly administering the test. 2. Chain of Custody Discrepancy: This type of affidavit alleges that there were irregularities in the handling and storing of the breathalyzer test results, potentially leading to contamination or tampering of the evidence. The affidavit may question the integrity of the chain of custody, asserting that the breathalyzer results cannot be considered reliable due to these discrepancies. 3. Lack of Proper Certification: This type of affidavit contends that the arresting officer or the breathalyzer operator lacked the appropriate training, certification, or authorization to administer the breathalyzer test. It raises doubts about the officer's qualifications and argues that the results should be deemed inadmissible in court. 4. Constitutional Violation: This type of affidavit argues that the defendant's constitutional rights were violated during the administration of the breathalyzer test. It may claim that the test was administered without probable cause or that the officer failed to provide necessary warnings, such as the right to refuse the test. The affidavit highlights these violations to support the motion to dismiss. 5. Expert Witness Challenge: In some cases, the defense may use an affidavit to challenge the qualifications or credibility of the prosecution's expert witness who interprets the breathalyzer test results. The affidavit would aim to cast doubt on the witness's expertise, training, or methodology, potentially weakening the prosecution's case. It's crucial to consult with a qualified attorney experienced in New Mexico DUI law to determine the most appropriate type of affidavit to use and the specific arguments to include based on the circumstances of the case.
