Nevada Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

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US-02161BG
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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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FAQ

The PBT is sometimes referred to as a roadside breath test or preliminary alcohol screening (PAS). And the results of the PAS can mean the difference between an officer letting you go or placing you under arrest for a Nevada DUI.

Automatic License Suspension: Refusing a breathalyzer test triggers an automatic administrative suspension of your driver's license, regardless of whether you're ultimately convicted of a DUI.

Even though consenting to a chemical test is required after a DUI arrest, California law does not specify which type of chemical test you must consent to. At the time of your arrest, the officer should inform you of your right to choose either a breathalyzer test or a blood test to determine your BAC.

Ing to the vehicle code, you have the right to refuse the preliminary screening but you cannot refuse tests after an arrest without facing penalties.

Therefore, you essentially surrender your driving privileges if you refuse a Breathalyzer. States will generally penalize drivers for refusing to take the test by suspending their license for up to 12 months. Those with past DUI convictions can face even longer suspensions or jail time.

The refusal enhancement will add the following penalties to someone convicted of DUI: For a person's first DUI, the refusal enhancement adds two days in jail, the 9-month alcohol program and a one year driver's suspension with no ability to get a restricted license.

Excuses for ?failing? a breathalyzer include keeping your breath fresh, using certain mediations and being subjected to testing with a poorly calibrated device.

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Nevada Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI