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Affidavit In support of Motion in Limine to Preclude any Evidence of...

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

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02216BG

Format:

Instant download

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

There is no penalty for refusing to take part in these tests. If they believe you are drunk, they will inform you that you are under arrest for an OVI.

In Ohio, it is against the law to refuse a chemical test for DUI when asked by a law enforcement officer. Men and women who are pulled over in a traffic stop under suspicion of drugged or drunk driving can only choose to comply or suffer the negative effects of refusal.

Essentially Ohio is a zero tolerance state for drivers younger than 21. Ohio law currently sets the blood alcohol level for legal drinking aged drivers at . 08.

IN AN OHIO DUI OR OVI STOP A: Refusing to take a breathalyzer or breath test is not necessarily an admission of guilt, but prosecutors will argue to a jury that you must have been guilty otherwise, why else would you refuse to take a breath test?

The results from the portable breath test are not admissible in court at a trial, because of their potential inaccuracy. Portable breath test results are only admissible at a suppression hearing for determining if the officer had probable cause for making an arrest.

An instrument in service shall be certified no less frequently than once every calendar year or when the dry gas standard on the instrument is replaced, whichever comes first.