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

Category:
Criminal - Driving under the Influence
State:
Multi-State
Control #:
US-02160BG
Format:
Word; 
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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
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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How to fill out Motion To Dismiss Criminal Charges For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

How You May Have Your DWI Reduced to a DWAI in a Plea Deal. Although getting DWI charges dropped is not always possible, sometimes a DWI can be reduced to a DWAI if a plea bargain can be worked out with the prosecution. This is more likely to happen if there are no other aggravating factors surrounding your case.

Best Case. The best-case scenario you may hope for if you were stopped for allegedly driving while intoxicated is that the officer(s) didn't collect enough evidence against you or made procedural, technological, or legal errors prior to, during, or after your arrest.

For the first offense ? suspension of your license for seven months and a fine from $300 to $500. Repeat DUI Offenders ? You will lose your license for two years and have to pay a fine of $500 to $1,000 if this is your second refusal. For your third refusal, the suspension lasts for ten years and the fine is $1,000.

The Penalties for Refusal On the down side, be aware that a refusal to take a breathalyzer test is a traffic infraction which triggers an automatic one year license suspension and a fine of $500 ? and this charge remains even if you are later acquitted of the underlying DUI/DWI charge.

Typically, the officer must warn you that your driver's license will be suspended for an entire year if you refuse to take the blood alcohol tests in New York.

First Offense Charges for DWI While DWAI accusations are traffic infractions, first-offense DWI charges are misdemeanors that carry the following penalties on conviction: A fine of between $500 and $1,000. Up to one year in jail, though there is still no required minimum sentence.

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