Nevada 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

So, what besides alcohol can set off a breathalyzer and trigger a DUI/OVI charge? Excuses for ?failing? a breathalyzer include keeping your breath fresh, using certain mediations and being subjected to testing with a poorly calibrated device.

The major consequences of a chemical test refusal are: increased penalties in addition to the standard California DUI penalties, and. a mandatory driver's license suspension that will occur regardless of the outcome in your DUI case.

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.

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.

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.

Penalties for Refusing a Breath Test in Ohio However, under Ohio Revised Code Section 4511.192, you can face multiple criminal penalties if you refuse to undergo mandatory testing, such as: Spending as much as six months in jail, but a minimum of at least three consecutive days in jail. Fines as high as $1,075.

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