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

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Multi-State
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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.

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FAQ

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.

Therefore, the following could possibly constitute a reasonable excuse: Serious health problems, such as lung conditions, heart conditions, diabetes, serious injuries, hyperventilation, shortness of breath caused by asthma, extreme nervousness or breathing problems resulting from a panic attack.

It is your right to decide to take the breath test or refuse. If you were involved in an accident and are being treated at a hospital, a breath test may be impractical. In that situation, the law provides a blood test may be taken instead. Just as with the breath test, you may take or refuse the test.

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.

However, under the Oregon Implied Consent law if you refuse to take a breath test will result in a one-year suspension of your driver's license and a $650 fine. Furthermore, it's also likely that the arresting officer will obtain an on-site warrant to have a paramedic come and draw your blood.

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