Virginia 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

The US Supreme Court last week ruled that while police must obtain a search warrant to take blood to determine blood alcohol content, no such warrant is required in the case of of breathalyzer devices.

By operating a vehicle on Virginia highways, you have consented to a breath or blood test upon arrest for DUI. If you unreasonably refuse a breath or blood test, Virginia law requires the court to suspend your driver's license for one year. A second breath or blood test refusal shall result in a three-year suspension.

Under Code of Virginia § 18.2-267(C), any person suspected of driving under the influence shall have the right to refuse to permit his breath to be preliminarily analyzed and failure to permit such an analysis shall not be evidence in any prosecution for a drunk driving offense.

By operating a vehicle on Virginia highways, you have consented to a breath or blood test upon arrest for DUI. If you unreasonably refuse a breath or blood test, Virginia law requires the court to suspend your driver's license for one year. A second breath or blood test refusal shall result in a three-year suspension.

Because a breathalyzer is more accurate than a roadside test, the results are admissible in court. ing to Virginia's implied consent law, a detained driver must submit to a breathalyzer test after a DUI arrest.

When you are arrested for DUI, the officer must explain the requirement to submit to a test under this law and the punishments for refusing to take it. A first offense refusal to submit to a breathalyzer or blood test is a civil offense under Virginia Code § 18.2-268.3.

In short, breath tests measure a driver's blood alcohol content (BAC) and, in Virginia, the legal limit for an adult driver is 0.08. This legal limit is often referred to as a rebuttable presumption because you are presumed to be intoxicated if you have a BAC of . 08% or greater. VA Code § 18.2-269.

Any person who has been stopped by a police officer of the Commonwealth, or of any county, city or town, or by any member of a sheriff's department and is suspected by such officer to be guilty of an offense listed in subsection A, shall have the right to refuse to permit his breath to be so analyzed, and his failure ...

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