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

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Multi-State
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US-02161BG
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Word; 
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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

Anyone who registers a BAC over . 08 will be arrested for drunk driving. Those who refuse a chemical test will be punished harshly if they can not give good evidence as to why they refused the test. Both first and second-time drunk driving convictions result in a misdemeanor charge.

While all Driving Under the Influence (DUI) charges are to be taken seriously, a third or higher DUI charge in Vermont results in a felony. Seeing as a felony is the most serious charge available, it is guaranteed to disrupt your life in many significant ways.

First and second offense criminal DUI are misdemeanor level offenses in Vermont. A misdemeanor in Vermont is a crime that carries a maximum potential penalty two years or less in jail. Third and subsequent DUI convictions in Vermont are felonies.

Vermont Driving Under the Influence (DUI) Laws First, if your blood alcohol level, (BAC) is above a 0.08 percent or more while driving, you will be violation of the "per se" DUI laws. But that isn't the only way a person can be arrested for impaired driving in Vermont.

Yes. In Vermont, you have the right to decline to provide an evidentiary sample of your breath or your blood.

Jail Time/Community Service Third-time offenders face up to 100 consecutive hours in jail or 400 hours of community service. However, depending on the severity of the case, the state reserves the right to issue a five-year jail sentence.

Penalties for a Second DUI Conviction in Vermont A second Vermont DUI conviction carries: up to two years in jail (with a minimum of 60 hours in jail or at least 200 hours of community service), and. up to $1,500 in fines.

Vermont follows a "zero tolerance" policy for motorist under the age of 21, school bus drivers, and commercial drivers. To deter these type of drivers from driving under the influence, the state lowers the BAC limit of these drivers to . 02. These violators may face stiffer sentences depending on the situation.

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