Virginia Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

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US-02216BG
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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.

How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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FAQ

Excuses for ?failing? a breathalyzer include keeping your breath fresh, using certain mediations and being subjected to testing with a poorly calibrated device.

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.

Not all suspects agree to take the BAC test. As noted earlier, under implied consent laws, drivers have the right to refuse a lawful request by a law enforcement officer, though such a refusal may result in the suspension or revocation of their driver license.

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.

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.

Refusing to give a breath or blood sample after a DUI arrest in Virginia will result in penalties including a suspension of the driver's license. A first offense is a civil offense (not a crime) and will result in a suspended license for one year, without the possibility of a restricted license.

Under Virginia law, all licensed drivers who are arrested on driving under the influence charges automatically consent to not just breath tests, but blood as well. This applies to people who hold Virginia licenses as well as out-of-state licenses.

Those who refuse a Breathalyzer test may face civil and criminal penalties, including: First Offense ? The first time someone refuses a Breathalyzer test, it is considered a civil offense, which will result in an additional one-year license suspension, in addition to any other DUI-related suspensions.

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Virginia Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI