Vermont 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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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

Vermont Driving Under the Influence (DUI) Laws "The Green Mountain State" has tough laws against driving under the influence of alcohol or drugs (DUI). 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.

Am I required to submit to Standard Field Sobriety Tests (SFST's) in Vermont? A: No, you are not required to submit to SFST's in Vermont, and there are no automatic or future licensing consequences specifically for refusing to submit to SFST's to your license or privilege to use your out-of-state license in Vermont.

LICENSE REINSTATEMENT: In addition to serving your suspension, Vermont requires you pay court fees, complete a counseling program, carry S.R. 22 insurance for 3 years, and pay a reinstatement fee. In addition, there are a number of surcharges and fees associated with a DUI conviction.

Vermont Driving Under the Influence (DUI) Laws You can also be arrested for driving under the influence in Vermont even if your BAC level is below the legal limit of . 08 percent simply by displaying signs that are consistent with a person who is under the influence of alcohol or drugs.

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.

Driving under the influence of cannabis is illegal and increases the risk of getting into a crash. It is also illegal to use cannabis as a passenger in any sort of operating vehicle.

Since 1988, all 50 states and the District of Columbia have implemented zero tolerance laws that set a limit of 0.02% BAC or lower for drivers under age 21. The 0.02 limit is equivalent to about one drink for the average person.

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

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