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Motion In Limine to Exclude Breathalyzer Results for Failure to...

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

Q: What is a fail on a breathalyzer?

Any failed breathalyzer test indicates the driver&#039;s BAC was . 08 or higher at the time of the test, and may also mean that traces of other drugs were found in the driver&#039;s system.

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02205BG

Format:

Instant download

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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How to fill out Motion In Limine To Exclude Breathalyzer Results For Failure To Follow Observation Protocols - DUI?

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FAQ

The breath alcohol test measures the amount of alcohol in the blood by testing exhaled air. The test is performed by blowing into a breath machine 15 minutes after alcohol consumption. The test determines how much alcohol it takes to raise the blood-alcohol level to a dangerous level.

For every one drink, your BAC goes up by about 0.02 percent, so reaching a BAC of 0.08 percent takes about four to five drinks. However, that does not take into account any of the various factors that contribute to how you process alcohol.

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

Any failed breathalyzer test indicates the driver's BAC was . 08 or higher at the time of the test, and may also mean that traces of other drugs were found in the driver's system.

Generally, one green band means your BAC is under 0.05%, which is within the legal limit to drive. Two green bands indicate that your BAC is between 0.05% and 0.10%, and three bands means it's over 0.10%. You can buy either type of test for yourself if you want to make sure you're safe before you get behind the wheel.

Further compounding the problem is that many people are given second breathalyzer tests, which also have an error rate of 20 percent, or 10 percent on either side of the measured result. With two such error rates, then it is possible to have an actual value of anywhere from . 07 to . 12 when the initial result is .