Texas 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

Since Texas is a Judicial Ignition Interlock state, the decision for how long you'll need your Ignition Interlock is up to your judge. However, usually first DWI offenses with a BAC of . 08 or higher need an Ignition Interlock between 90 days to one year. For second offenses, it can be between 180 days to two years.

Refusing a Breathalyzer can lead to non-criminal consequences due to the idea of ?implied consent.? Every state, including Texas, requires licensed drivers to take a Breathalyzer test if they are lawfully arrested for DWI. If the driver chooses to refuse, they may face an automatic suspension of their driver's license.

The Intoxilyzer is kept at the police station and is used to formally test the presence and amount of alcohol in a person's breath sample. The results from this machine are admissible in court. Required by Texas Penal Code § 49.01(1)(a), the Intoxilyzer 9000 analyzes alcohol in grams per 210 liters of breath.

Penalties for Refusal If you refuse a breath test in Texas, you will have your license suspended for 180 days. If you have previously been charged with DWI or have refused a test in the past, the suspension can be increased to two years.

The Texas Breath Alcohol Testing Regulations state that a breath test operator must remain in the continuous presence of a subject for at least 15 minutes immediately before the test and make sure the subject does not place any substances in their mouth.

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