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.
A Pennsylvania Motion In Liming to Exclude Breathalyzer Results for Failure to Follow Observation Protocols is a legal document filed by the defense in a DUI case where the reliability of the breathalyzer test is called into question due to procedural errors during the observation period. This motion seeks to have the breathalyzer results excluded from evidence, as they may be considered unreliable and inadmissible. In DUI cases, the breathalyzer test is commonly used to determine an individual's blood alcohol concentration (BAC). However, for the results of the test to be deemed accurate and admissible, it is crucial that strict observation protocols are followed throughout the testing process. Failure to Follow Observation Protocols — recognizing this issue, defense attorneys can file a Motion In Liming to Exclude Breathalyzer Results for Failure to Follow Observation Protocols. This motion argues that the breathalyzer test results should be excluded because proper procedures were not adhered to during the observation period. Here are different types of Pennsylvania Motions In Liming that can be used specifically to exclude breathalyzer results for failure to follow observation protocols in a DUI case: 1. Motion to Exclude Breathalyzer Results for Failure to Timely Commence Observation Period: This motion argues that the breathalyzer results should be excluded because the observation period did not begin immediately after the person was placed in the custody of law enforcement, as required by the established protocols. This delay could potentially result in the contamination or dissipation of mouth alcohol, creating an inaccurate reading. 2. Motion to Exclude Breathalyzer Results for Failure to Continually Observe Defendant: This motion contends that the breathalyzer results should be excluded because the arresting officer did not continuously observe the defendant during the required observation period. Any gaps in the observation period raise doubt about whether the defendant may have introduced foreign substances or engaged in activities that could impact the breathalyzer accuracy. 3. Motion to Exclude Breathalyzer Results for Inadequate Training of Test Operator: This motion focuses on the qualifications and training of the officer administering the breathalyzer test. It argues that if the operator was not adequately trained or certified, their lack of expertise casts doubt on the reliability of the breathalyzer results. Any failure to follow proper protocols during the observation period could also be linked to improper training. By filing a Pennsylvania Motion In Liming to Exclude Breathalyzer Results for Failure to Follow Observation Protocols, defense attorneys aim to challenge the admissibility of the breathalyzer test results obtained during a DUI arrest. If successful, excluding this evidence can significantly weaken the prosecution's case and potentially lead to a more favorable outcome for the defendant.
