New York 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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Penalties for alcohol or drug-related violations ViolationMandatory FineDriving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)$500 - $1,000Second DWI or DWAI-Drug violation in 10 years (E felony)$1,000 - $5,000Third DWI or DWAI-Drug violation in 10 years (D felony)$2,000 - $10,00017 more rows

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.

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.

If you refuse the Breathalyzer, you will face automatic and severe consequences. This includes losing your license for 12 months, paying additional fines ? and still being charged with a DWI.

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.

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