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Motion In Limine to Exclude Breathalyzer Results for Failure to...

Rhode Island Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02205BG

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 Motion In Limine To Exclude Breathalyzer Results For Failure To Follow Observation Protocols - DUI?

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FAQ

Although the Rhode Island DUI law carries up to one year in jail for first time DUI offenders, most people who are arrested and charged in an incident in which no one was seriously injured in the incident will not go to jail.

Chemical Test Refusal First Offense: A Civil violation. $200.00 - $500.00 fine. Ten (10) to sixty (60) hours community service. Six (6) to twelve (12) months loss of license.

Excuses for ?failing? a breathalyzer include keeping your breath fresh, using certain mediations and being subjected to testing with a poorly calibrated device.

Understanding Implied Consent The penalty for a first refusal of a breathalyzer is that your license will be suspended for one year. Potential consequences for a second refusal (or more) can result in the following: License suspension of 18 months.

Chemical Test Refusal First Offense: $200.00 - $500.00 fine. Ten (10) to sixty (60) hours community service. Six (6) to twelve (12) months loss of license. Participation in DUI School or alcohol counseling.

Under Rhode Island law 21-27-2.1 Implied consent means that any person who operates a motor vehicle within this state shall be deemed to have given his or her consent to chemical tests of his or her breath, blood, saliva and/or urine for the purpose of determining the chemical content of his or her body fluids or ...

The penalties for first offense DUI charges include: Up to one (1) year imprisonment. A fine. Community service. Loss of license.