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

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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

Since a driver who refuses to complete a chemical test violates the implied consent arrangement, almost every state imposes a mandatory driver's license suspension on the driver. This may vary in length from six months to a year. Additionally, in some states, such as New York, fines may also be imposed.

However, state laws say that if you refuse to take a blood, breath, or urine test, your driving privileges will be suspended for a minimum of six months. In addition, this refusal may be used against you as proof of your guilt in court.

Penalties for Breathalyzer Refusal If you refuse a post-arrest test to determine your blood-alcohol concentration, you may risk: Having your license suspended for three, six, or even 12 months. Automatic and instant license revocation for one year.

If a law enforcement officer thinks you are driving while under the influence of drugs or alcohol, they have the right to ask you to take a blood or urine test. If you refuse to take one, DMV will suspend or revoke your driving privilege.

Understanding Implied Consent The penalty for a first refusal of a breathalyzer is that your license will be suspended for one year. Potential consequences for a second refusal (or more) can result in the following: License suspension of 18 months.

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