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

Category:
Criminal - Driving under the Influence
State:
Multi-State
Control #:
US-02160BG
Format:
Word; 
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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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  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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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 have been arrested for a DUI, a breathalyzer test is not optional. Drivers are required to submit to such testing under Pennsylvania's laws of implied consent. Drivers give their implied consent to chemical testing for DUIs when they accept their driver's license from the state.

Typically, this is a chemical test using a breathalyzer. The breathalyzer is not a portable machine and produces results that are more accurate and can be admitted into court as evidence against you.

1) A person can still be convicted of a DUI if they refuse to submit a breath or blood test in Pennsylvania.

The only way to potentially beat your charges is by hiring a Pennsylvania DUI defense attorney. Call experienced lawyer Steven E. Kellis at (215) 977- 4183 for a free case review.

The US Supreme Court last week ruled that while police must obtain a search warrant to take blood to determine blood alcohol content, no such warrant is required in the case of of breathalyzer devices.

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.

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.

District attorneys primarily rely on four types of evidence in Pennsylvania DUI cases - your driving pattern, physical signs and symptoms of intoxication, field sobriety test results, and chemical test results.

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