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.
A Tennessee Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI is a legal document submitted to the court to seek the dismissal of DUI charges based on the failure of law enforcement to adhere to proper breathalyzer testing protocols. This affidavit contains detailed information and relevant keywords that are crucial for a successful motion to dismiss. Keywords: Tennessee, Affidavit, Motion to Dismiss, Failure to Follow, Breathalyzer Protocols, DUI. Typically, there may be different types or variations of a Tennessee Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI, depending on specific circumstances and factors involved in the DUI arrest. Some possible variations of this affidavit may include: 1. Affidavit Regarding Improper Calibration: If there is evidence suggesting that the breathalyzer device used in the arrest was not properly calibrated or maintained, this affidavit would outline the specific issues with calibration and argue that the results should not be admissible in court. 2. Affidavit on Lack of Certification: This type of affidavit would focus on asserting that the law enforcement officer who administered the breathalyzer test did not have the necessary certification or training required by Tennessee law. It would argue that the results are unreliable and should be dismissed. 3. Affidavit Questioning Officer's Observations: In cases where an officer did not properly observe the defendant prior to administering the breathalyzer test, this affidavit would challenge the validity of the test results. It would present evidence suggesting that the officer's observations were inaccurate or incomplete, therefore rendering the test results unreliable. 4. Affidavit on Improper Testing Procedure: If the law enforcement officer failed to follow the proper breathalyzer testing protocols, such as not observing the defendant for the required period of time prior to the test, this affidavit would outline the deviations from established procedure and argue that the results should be disregarded. 5. Affidavit Challenging Chain of Custody: In situations where there are doubts about the proper handling and preservation of the breathalyzer samples or test records, this affidavit would challenge the chain of custody. It would assert that the lack of reliable documentation and control over the samples calls into question the integrity of the test results and warrants dismissal. It is important to note that these variations are not exhaustive, and the specific type of affidavit required will depend on the unique circumstances of each DUI case in Tennessee. Additionally, consulting with an experienced attorney in Tennessee is crucial for properly identifying and preparing the most appropriate affidavit in support of a motion to dismiss based on breathalyzer protocol failures.
