Tennessee Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

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US-02205BG
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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

There is indeed a margin of error when it comes to Breathalyzers. This margin of error can be up to 15%. Around 20% of people charged with a DUI can end up being victims and an inaccurate Breathalyzer test. The best and most accurate way to accurately test a person's BAC is by doing a blood test.

As a result, some studies estimate that about 23% of individuals tested using this method will have an actual BAC that is significantly lower than the BAC reading, sometimes by up to 15%.

All breathalyzers have an inherent margin of error, meaning that, even when used properly, breath results may not be perfect. While police-grade models tend to be generally reliable, personal breathalyzers typically exhibit a much higher margin of error.

In fact, reliable scientific studies show that breathalyzers have a 50% margin of error when compared to blood tests. A whole host of factors affect a breathalyzer BAC reading, including age, gender, rate of consumption, medication, and emotional state. A breathalyzer cannot account for all of these factors.

It depends on how the device senses the alcohol on your breath. Top-rated devices when used correctly are accurate to a 0.001% margin of error. However, there are many variables that determine accuracy.

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Tennessee Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI