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

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

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

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.

You exhale into the mouthpiece. Your breath enters a chamber filled with potassium dichromate and other chemicals, which are a red-orange color. Alcohol reacts to this solution and changes the liquid's color to green. The degreeof color change is related to the level of alcohol in your exhaled breath.

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.

A breathalyzer test is a diagnostic device that measures how much alcohol is in the air a person breathes out. It can be used to estimate blood alcohol content (BAC), or how much alcohol is in the blood. In most states, the legal level for driving is 0.08%, but some states have lower levels.

DUI Test Refusal in Las Vegas. After an arrest for Driving Under the Influence, the arresting officer may allege that the driver refused to submit to a breath, blood or urine test. However, in the State of Nevada, a person does not have the right to refuse a blood or a breath test.

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.