South Dakota Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

State:
Multi-State
Control #:
US-02160BG
Format:
Word; 
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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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  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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FAQ

A suspended imposition of sentence is a procedure that allows a person that has pled guilty to an offense to have that conviction cleared from his or her record. In South Dakota a person is only allowed to have only one suspended imposition of sentence in his or her life.

Suspended imposition of sentence (SIS) is a procedure that seals the record of an offense for an individual who has pled guilty or been convicted. A person may receive one misdemeanor SIS and one felony SIS in South Dakota for their lifetime. This applies to residents and non-residents of South Dakota.

Deferred adjudication. For first felony offenses and misdemeanors, a court may defer or suspend imposition of sentence from one to three years during which the offender will be on probation.

Class 6 Felonies in South Dakota are considered less severe than the other felony classifications. However, they still come with serious consequences that can impact the life of the offender. A Class 6 Felony is a crime that is punishable by up to 2 years imprisonment and/or a fine of up to $4,000.

The process of receiving a deferred imposition of sentence involves entering a guilty plea to either felony possession of a controlled substance or felony ingestion of a controlled substance, then being placed on supervised probation for 1 year, completing a drug and alcohol evaluation and any recommended treatment ...

An order deferring imposition of sentence for an infraction or a misdemeanor must provide for withdrawal of the defendant's plea of guilty, or for the verdict of guilty to be set aside, the case to be dismissed, and the file to be sealed 61 days after expiration or termination of probation, unless otherwise ordered by ...

The maximum penalty for DWI in South Dakota is one year in the county jail and a $2,000 fine, or both. Additionally, one's driver's license is revoked for a period of up to one year from conviction. Multiple DWI convictions can result in a felony conviction and time in the state Penitentiary, as described below.

Deferred Sentence: A deferred sentence is a way you avoid a conviction on your record. It requires you to plead guilty or no contest to the charges and pay the fine and costs; however, the conviction does not enter upon your record. Deferred sentences are deferred for a period up to twelve (12) months.

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South Dakota Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI