Oregon 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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FAQ

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.

Refusing to take the test is more serious; the suspension is for at least one year, and you must wait at least 90 days for a hardship permit, even if you qualify. Refusing the test is a traffic violation in itself. If you are convicted of refusing a breath test, the fine will be at least $500 and can be up to $1,000.

Some foods may encourage a breathalyzer test to give inaccurate readings. For example, pecans, ripe fruit, energy drinks and protein bars may mess with the test. Further, if you have acid in your stomach from eating a spicy meal, you may not be able to rely on the accuracy of the breathalyzer test.

It is my experience that a police officer has already made the decision to arrest you at the point that he ASKS you to perform these tests and your performance will only be used to establish evidence against you. You are not required to perform field sobriety tests.

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