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Washington Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

Category:
Criminal - Driving under the Influence
State:
Multi-State
Control #:
US-02160BG
Format:
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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  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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FAQ

The first is called a portable breath test (PBT), which is voluntary and usually conducted on the roadway after being pulled over. The results of a PBT are not admissible in court.

A DUI can be dismissed either by decision of the prosecutor, order of the court after motion hearings or by an acquittal after a jury or non-jury trial. The specifics of how this would occur or the likelihood of a dismissal can only be discussed after a full consultation and consideration of the fact in your case.

A deferred prosecution, in Washington, is an agreement by the State not to prosecute a DUI in exchange for the defendant's agreement to enter into and complete a two year intensive outpatient alcohol/drug/or mental health treatment program.

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.

Implied consent In Washington, every licensed driver inherently agrees to submit to either breath or blood tests upon being arrested on charges of DUI. In other words, in order to obey the law, a driver who is arrested for drunk driving must submit either a breath or a blood sample.

First offense Breath/Blood TestUnder .15RefusalLicense Suspension90 days2 yearsMandatory Jail Time1 day2 days

(1) The refusal of a person to submit to a test of the alcohol concentration, THC concentration, or presence of any drug in the person's blood or breath is not admissible into evidence at a subsequent criminal trial. (2) A person's refusal to submit to a test or tests pursuant to RCW 79A.

In Washington State, DUI penalties are enhanced for drivers who refuse to take a breath test (at the police station) or a blood test. Under Implied Consent Law, a person who drives within WA State is considered to have consented to a blood or breathalyzer test if arrested for DUI.

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