Tennessee Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

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US-02161BG
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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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FAQ

While law enforcement officers may make it seem mandatory, you are not legally obligated to take these tests. Politely and respectfully, you can decline to participate in field sobriety tests without facing immediate penalties. However, it's crucial to remain calm and cooperative during the interaction.

Consequences of Refusing a Breath Alcohol Test 1) You will lose your driver's license for one year on a refusal. However, you can get a restricted driver's license. 2) If you refuse the test it is not a criminal offense pursuant to T.C.A. § 55-10-406 (4)(A).

Ing to the vehicle code, you have the right to refuse the preliminary screening but you cannot refuse tests after an arrest without facing penalties.

In Tennessee, ?implied consent? means that by driving within Tennessee, you have given your consent to submit to a blood and/or breath test for alcohol, if there is probable cause to believe you've committed an offense such as DUI.

Therefore, the following could possibly constitute a reasonable excuse: Serious health problems, such as lung conditions, heart conditions, diabetes, serious injuries, hyperventilation, shortness of breath caused by asthma, extreme nervousness or breathing problems resulting from a panic attack.

Drivers in Tennessee do have the right to refuse a breath test; however, there are certain penalties that may apply. The Tennessee Highway Patrol arrested 8,420 people on charges of drunk driving in the year 2014, the most recent year for which data is available.

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Tennessee Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI