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

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

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

Regardless of whether you take ? or pass ? a breathalyzer, the officer has other evidence on which to base a DUI arrest. The officer may take you to the station to submit to a blood test. Even passing this test, however, is not definitive for arrest purposes.

A breathalyzer can detect alcohol on the breath for up to 24 hours. The amount of time that alcohol stays detectable on the breath depends on the individual and the quantity of alcohol consumed. The detection time varies with a person's metabolism of alcohol, which is affected by many factors, including weight and age.

A breath alcohol test measures how much alcohol is in the air you breathe out. The device uses that measurement to estimate how much alcohol is in your blood. That number is known as your BAC, or blood alcohol content. It may go up as soon as 15 minutes after drinking.

A breathalyzer typically refers to a handheld device that analyzes a person's breath to determine their blood alcohol concentration. This device can be a useful way to measure intoxication and let people know when they are past the legal limit to drive.

As the driver breathes out, the device continuously monitors the expired air using an infrared cell. The concentration of ethanol climbs as expiration continues, and when the level of ethanol stabilises, the sample of breath is analysed.