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.
Pennsylvania Affidavit In Support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI In the state of Pennsylvania, when facing a DUI (Driving Under the Influence) charge, individuals have the option to file an affidavit in support of a motion in liming. This legal document is used to request the exclusion of any breathalyzer test evidence from being presented during the trial. By filing this motion, defendants aim to prevent such evidence from being introduced and considered by the court. Keywords: Pennsylvania, affidavit, motion in liming, evidence, breathalyzer test, DUI, exclusion, trial. Different types of Pennsylvania Affidavit In Support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI: 1. Standard Affidavit: This is the most common type of affidavit filed in support of a motion in liming. It includes all the necessary details required by the court to establish a credible foundation for requesting the exclusion of breathalyzer test evidence. The affidavit must outline the reasons why the breathalyzer test should be excluded, such as inaccurate readings or procedural errors. 2. Expert Witness Affidavit: In some cases, defendants might opt to present an affidavit from an expert witness. This type of affidavit includes the professional opinion and expertise of a qualified expert, such as a forensic scientist or a breathalyzer calibration technician. The expert's affidavit will focus on technical aspects, pointing out any potential flaws in the breathalyzer test procedure or calibration, which could render the evidence unreliable. 3. Constitutional Affidavit: In certain situations, defendants may challenge the constitutionality of the breathalyzer test itself. This type of affidavit argues that performing a breathalyzer test without a search warrant or without obtaining proper consent violates the defendant's Fourth Amendment rights, protecting against unreasonable searches and seizures. The affidavit will cite relevant case law and constitutional principles to press for the exclusion of breathalyzer evidence. 4. Invalidating Sample Affidavit: This type of affidavit emphasizes irregularities in the handling or processing of the breathalyzer sample. Defendants may claim that the sample was mishandled, contaminated, or improperly stored, thus rendering the evidence inadmissible. The affidavit will present supporting evidence to prove that the breathalyzer sample's integrity was compromised, potentially resulting in an inaccurate reading. 5. Medical Condition Affidavit: Some individuals facing a DUI charge may have underlying medical conditions that can affect the reliability of a breathalyzer test. This type of affidavit presents medical documentation and expert opinions showing that the defendant's condition, such as acid reflux, diabetes, or certain medications, can produce falsely elevated breathalyzer readings. The affidavit aims to convince the court that the test results are unreliable due to the defendant's specific medical circumstances. It is essential to consult with an experienced attorney to determine the most suitable type of affidavit to file, based on the specific circumstances of the DUI case and the evidence at hand. Properly preparing and presenting the affidavit is crucial to increase the chances of successfully excluding breathalyzer test evidence during the trial.
