Nevada Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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Multi-State
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US-02160BG
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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.

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  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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FAQ

?Implied consent? means that simply by driving in Nevada, you have legally implied your consent to take a breathalyzer examination if a Nevada law enforcement officer asks you to do so. You may refuse to blow into the breathalyzer device, but if you refuse: The police officer will confiscate your driver's license.

It is possible but not automatic. Nevada law prohibits prosecutors from reducing or dropping DUI cases unless: there is no probable cause to support the DUI charge; or. there is insufficient evidence to prove DUI beyond a reasonable doubt at trial.

If you are convicted of first offense DUI in Nevada, the standard sentence includes: 2 days to 6 months in jail or 48 to 96 hours of community service. (A suspended sentence of 6 months, which means it is not served if you stay out of trouble, is typical.) A fine of $400 to $1,000, plus court costs.

Top 20 Defenses to a Las Vegas Nevada DUI Charge The Officer did not Give the Field Sobriety Tests Properly. ... No Probable Cause for the Traffic Stop. ... Mouth Alcohol Contaminates the Intoxilyzer 5000 Breath Machine. ... Many of the Field Sobriety Tests are Unreliable.

Sometimes it may be dismissed, but in those cases, there must either be a lack of probable cause to support the charge of DUI, or there must be a lack of sufficient evidence to prove the charge of DUI beyond a reasonable doubt at the trial.

If you are convicted of first offense DUI in Nevada, the standard sentence includes: 2 days to 6 months in jail or 48 to 96 hours of community service. (A suspended sentence of 6 months, which means it is not served if you stay out of trouble, is typical.) A fine of $400 to $1,000, plus court costs.

In Nevada, the Two-Hour Rule is a law that states that if your Blood Alcohol Content (BAC) was over the legal limit within two hours of driving, you can be arrested and charged with DUI.

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Nevada Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI