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

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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

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.

Chemical test refusal is a separate issue from whether you were guilty of an alcohol or drug-related violation. If you refuse to take the test after being arrested, your driver license will be suspended when you are arraigned in court on the alcohol or other drug-related 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.

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.

Therefore, the following could possibly constitute a reasonable excuse: Serious health problems, such as lung conditions, heart conditions, diabetes, serious injuries, hyperventilation, shortness of breath caused by asthma, extreme nervousness or breathing problems resulting from a panic attack.

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