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.
South Dakota Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI is a legal document that aims to request the dismissal of charges related to a DUI (Driving Under the Influence) offense due to the failure of law enforcement officers to adhere to breathalyzer protocols. This affidavit serves as evidence to highlight procedural errors or violations committed during the administration of breathalyzer tests in South Dakota, making the results questionable or unreliable. In South Dakota, there may be different types of Affidavits in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI, such as: 1Rearrestst Breathalyzer Affidavit: This affidavit is filed before the arrest occurs, wherein the defendant's attorney questions the validity and accuracy of the breathalyzer test results. It aims to highlight any procedural errors committed during the preliminary testing conducted by law enforcement officers. 2. Post-Arrest Breathalyzer Affidavit: This affidavit is filed after the arrest has taken place. It contests the breathalyzer test's reliability by presenting evidence of noncompliance with established breathalyzer protocols during the post-arrest testing process. It argues that such inconsistencies and errors undermine the prosecution's case and supports the motion for the DUI charges to be dismissed. 3. Implied Consent Breathalyzer Affidavit: In South Dakota, there is implied consent, meaning drivers automatically give consent to a breathalyzer test when lawfully arrested for a DUI offense. However, an affidavit can be submitted to challenge the validity of the breathalyzer test results obtained under the implied consent law. This affidavit argues that the officers failed to adhere to the proper protocols, leading to a potentially erroneous outcome. 4. Chemical Test Breathalyzer Affidavit: This affidavit is used when challenging the results of a breathalyzer test that measures the blood alcohol concentration (BAC) based on a chemical analysis of the breath sample provided by the defendant. The affidavit contends that the administration of the test was not performed correctly or that the breathalyzer machine used was not properly maintained, thus raising doubts about the accuracy of the BAC level indicated. In conclusion, a South Dakota Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI is a legal instrument that underscores procedural errors or violations in administering breathalyzer tests. Different types of affidavits can be utilized, depending on when the affidavit is filed, whether before or after arrest, or the specific circumstances of the breathalyzer test. These affidavits seek to challenge the reliability and admissibility of breathalyzer test results, ultimately advocating for the dismissal of DUI charges.
