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Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer...

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

Q: What happens if you refuse to take a breathalyzer in Washington state?

You can refuse a breathalyzer test, but you probably won&#039;t like the result. Roadside breathalyzer tests are technically optional, as per Washington Administrative Code 448-15-030. This is referred to as a Preliminary Breath Test or PBT, wherein the driver is within his or her legal right to refuse.

Category:

Criminal - Driving under the Influence

State:

Multi-State

Control #:

US-02160BG

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

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FAQ

If you refuse to submit to a blood or breath test as required, you will be subject to an automatic drivers license suspension of 12 months for a first offense, and for 18 months if you have a prior DUI conviction or have refused testing in the past.

You can refuse a breathalyzer test, but you probably won't like the result. Roadside breathalyzer tests are technically optional, as per Washington Administrative Code 448-15-030. This is referred to as a Preliminary Breath Test or PBT, wherein the driver is within his or her legal right to refuse.

If you refuse or fail the breath test, the police officer will take your license and give you a temporary license. Then the Motor Vehicles Division (DMV) will suspend your driving privileges 30 days after the date of arrest unless you fight the suspension by demanding a hearing.

Under Oregon law, by driving a motor vehicle you have ?implied? that you will consent to a search of your breath, blood, or urine if you are arrested for Driving Under the Influence. If your blood alcohol level is shown to be . 08% or greater, you will be deemed to have ?failed? the breath test.

The major consequences of a chemical test refusal are: increased penalties in addition to the standard California DUI penalties, and. a mandatory driver's license suspension that will occur regardless of the outcome in your DUI case.

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

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

Description

Related forms

Viewed forms

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

Form popularity

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What happens if you refuse a breathalyzer in PA?

What happens if you refuse to take a breathalyzer in Washington state?

What happens in Oregon if you refuse a breathalyzer?

Is Oregon an implied consent state?

What happens if you refuse to take a breathalyzer blood test?

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