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

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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

The major consequences of a chemical test refusal are: increased penalties in addition to the standard California DUI penalties, and. a mandatory driver's license suspension that will occur regardless of the outcome in your DUI case.

While you can refuse a breathalyzer test in Texas, you will face a license suspension. How long you lose your license after your refusal depends on whether or not it is your first time refusing or failing a test. For a first refusal, you could lose your driver's license for 180 days.

A person would be liable to the same penalties of a fine of up to ?5000 or a term of imprisonment of up to 6 months, or both if you are convicted in the District Court. There is also a disqualification period imposed by the judge. Click here to view a complete list of penalty point offences that attract penalty points.

Penalties for Breathalyzer Refusal If you refuse a post-arrest test to determine your blood-alcohol concentration, you may risk: Having your license suspended for three, six, or even 12 months. Automatic and instant license revocation for one year.

The major consequences of a chemical test refusal are: increased penalties in addition to the standard California DUI penalties, and. a mandatory driver's license suspension that will occur regardless of the outcome in your DUI case.

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.

An underage driver violates these laws simply by driving with the applicable blood alcohol concentration (?BAC?). Refusing to take a breath test to measure BAC will not help. Refusal to take a California DUI chemical test will result in the driver's license being suspended for at least one year.

Breathalyzers are not 100% accurate all the time. Law enforcement and the courts know that they are not always 100% correct and accept the margin of error involved. Unfortunately for you, if you are the subject of the inaccurate test, the police and prosecutors will treat you just like anyone who failed a breath test.

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