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.
The Pennsylvania Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols is a legal document used in cases involving Driving Under the Influence (DUI) charges. This affidavit is filed by the defense attorney on behalf of their client, with the aim of having the DUI charges dismissed due to the prosecution's failure to adhere to certain breathalyzer protocols. The affidavit seeks to highlight the procedural errors made by law enforcement officers during the administration and processing of the breathalyzer test. Keywords: 1. Pennsylvania Affidavit in Support of Motion to Dismiss: This refers to the specific legal document that is filed by the defense attorney. 2. Failure to Follow Breathalyzer Protocols: Refers to the main grounds for the motion to dismiss, where the defense alleges that law enforcement officers did not adhere to proper breathalyzer protocols during the DUI arrest. 3. DUI: Driving Under the Influence, the specific accusation against the defendant. 4. Defense Attorney: The legal representative who files the motion on behalf of the defendant. 5. Procedural Errors: Refers to the mistakes or deviations from established procedures made by law enforcement officers during the breathalyzer test. 6. Legal Motion: The formal request made to the court by the defense attorney to dismiss the DUI charges. 7. Law Enforcement Officers: Refers to the police officers involved in the DUI arrest and administration of the breathalyzer test. 8. Dismissal of Charges: The desired outcome of filing this affidavit is to have the DUI charges dropped or dismissed by the court. Different types of Pennsylvania Affidavit in Support of Motion to Dismiss for Failure to follow Breathalyzer Protocols — DUI may include: 1. Breathalyzer Calibration Errors: Allegations that the breathalyzer device used in the arrest was not properly calibrated or maintained, resulting in inaccurate BAC (blood alcohol content) readings. 2. Failure to Administer the Breathalyzer Test Correctly: Claims that the law enforcement officers did not follow the correct procedures for administering the breathalyzer test, thus invalidating the results. 3. Chain of Custody Issues: Allegations that there were discrepancies or breaks in the chain of custody concerning the breathalyzer test, raising doubts about the integrity and reliability of the evidence. 4. Failure to Properly Observe the Defendant: Assertions that the law enforcement officers did not properly observe the defendant for the required period before conducting the breathalyzer test, potentially compromising the accuracy of the results. 5. Inadequate Training or Certification of the Officer: Claims that the law enforcement officer who administered the breathalyzer test was not adequately trained or certified to operate the device, casting doubt on the validity of the results. It's important to note that the specific types and content of the affidavit may differ on a case-by-case basis, as they depend on the circumstances and evidence surrounding each individual DUI charge.
