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.
An Oregon Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols is a legal document filed in a DUI case where the defendant claims that proper breathalyzer protocols were not followed during the arrest and subsequent testing. This affidavit serves as evidence for the defendant to request the dismissal of the DUI charges. Keywords: Oregon, Affidavit, Support, Motion to Dismiss, Failure to Follow, Breathalyzer Protocols, DUI. There are several variations of the Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI in Oregon, based on specific circumstances and legal requirements. Some examples include: 1. Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — Improper Calibration: This affidavit asserts that the breathalyzer used in the DUI arrest was not properly calibrated, questioning the accuracy of the results obtained. The defendant argues that due to the lack of proper calibration, the breathalyzer reading cannot be relied upon as valid evidence, thus warranting a dismissal of the charges. 2. Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — Insufficient Observation Period: This affidavit argues that the arresting officer failed to adequately observe the defendant for the required observation period before administering the breathalyzer test. The defendant claims that this failure violates the protocol and compromises the accuracy of the test results, demanding the charges be dismissed. 3. Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — Inadequate Training: This affidavit alleges that the officer responsible for administering the breathalyzer test lacked proper training or certification to operate the device. The defendant argues that the officer's inadequate training undermines the reliability of the breathalyzer results, providing grounds for dismissing the charges. 4. Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — Broken Chain of Custody: This affidavit contends that there was a break in the chain of custody for the breathalyzer device, calling into question the integrity and accuracy of the test results. The defendant asserts that this violation of proper protocols casts doubt on the evidence, justifying the dismissal of the charges. 5. Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — Improper Testing Procedures: This affidavit argues that the arresting officer did not follow the prescribed testing procedures during the breathalyzer test. The defendant claims that deviations from the established protocols could result in inaccurate readings, and thus, the charges should be dismissed as a result. These are just a few examples of the different types of Oregon Affidavits in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI. The exact type of affidavit prepared and filed will depend on the specific circumstances and legal strategies employed by the defendant and their legal representation.
