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Affidavit In support of Motion in Limine to Preclude any Evidence of...

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

Q: What happens if you refuse blood test for DUI in PA?

1) Civil Suspension ( 1547(b)) Refusal of chemical testing (breath or blood) can result in a 12-month suspension of operating privileges, or, an 18-month suspension if a) your license has been previously suspended under this law, or b) you have a prior DUI conviction.

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02216BG

Format:

Instant download

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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How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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FAQ

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.

An underage driver violates these laws simply by driving with the applicable blood alcohol concentration (?BAC?). Refusing to take a breath test to measure BAC will not help. Refusal to take a California DUI chemical test will result in the driver's license being suspended for at least one year.

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.

Penalties for Breathalyzer Refusal If you refuse a post-arrest test to determine your blood-alcohol concentration, you may risk: Having your license suspended for three, six, or even 12 months. Automatic and instant license revocation for one year.

1) Civil Suspension (§1547(b)) Refusal of chemical testing (breath or blood) can result in a 12-month suspension of operating privileges, or, an 18-month suspension if a) your license has been previously suspended under this law, or b) you have a prior DUI conviction.

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.

A person would be liable to the same penalties of a fine of up to ?5000 or a term of imprisonment of up to 6 months, or both if you are convicted in the District Court. There is also a disqualification period imposed by the judge. Click here to view a complete list of penalty point offences that attract penalty points.