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

Category:
Criminal - Driving under the Influence
State:
Multi-State
Control #:
US-02160BG
Format:
Word; 
Rich Text
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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

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FAQ

Is there a statute of limitations on DUI in Tennessee? In Tennessee, prosecution for a misdemeanor offense must start within one year after commission of the offense, 2 years for a Class E Felony DUI.

Now, a person convicted of DUI first offense with a BAC level of . 20 or higher shall serve a minimum of seven (7) consecutive days rather than just 48 hours. If this bill passes, that level will be reduced to . 15.

Grounds for DUI Dismissal: Is It Possible? Lack of reasonable suspicion and/or probable cause: Law enforcement officers must have a valid reason, or reasonable suspicion, to initiate a traffic stop. ... Inaccurate field sobriety tests: Field sobriety tests (FSTs) are designed to assess a person's level of impairment.

DUI STAY TIME Having a criminal record for life means that employers, landlords, and others will be able to see that you have a DUI on your record. Because a DUI stays on your record for life, pleading guilty to a DUI may have negative impacts on your employment, housing, your reputation, and other aspects of life.

What is the statute of limitations for DUI? In Tennessee, prosecution for a misdemeanor offense must be commenced within one year after commission of the offense. A Class E Felony DUI must be commenced within two years.

Penalties for a Tennessee DUI OffensePotential Jail TimeLicense Revocation1st Offense48 hours to 11 months, 29 days1 year2nd Offense45 days to 11 months, 29 days in jail2 years3rd Offense120 days to 11 months, 29 days6 years4th and Subsequent OffensesUp to one year with a minimum of 150 consecutive days8 years

A DUI will stay on your record for life. A DUI conviction cannot be expunged off your record. If you were charged with a DUI, but the charge was dismissed or otherwise did not result in a conviction, your record can be expunged.

Look Back Period In Tennessee In Tennessee, the look back period is generally 10 years; however, certain circumstances may extend that period to 20 years.

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