Washington 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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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

What Can Raise Your Blood Alcohol Concentration Other than Alcohol? Diet Drinks. You might feel fine because you just had a couple of drinks. ... Ketones. ... Certain Medications. ... Mouthwash and Breath Sprays. ... Paint Fumes.

Automatic License Suspension: Refusing a breathalyzer test triggers an automatic administrative suspension of your driver's license, regardless of whether you're ultimately convicted of a DUI. The suspension period typically lasts longer than for a first-time DUI offense.

A breath test is admissible in court, but it doesn't always give accurate results. False positives can be caused by mouth alcohol, which occurs when you have alcohol in your mouth from your last drink before blowing it into the machine. Another common reason is if you breathe slowly while taking the test.

The following foods and medications may cause a false positive breathalyzer result: Nyquil and other cough medications; Sugar-free gum; Kombucha or other fermented beverages; Ripe fruit; Some types of bread; and. Energy drinks.

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.

Occasionally, drivers may find that they fail the breathalyzer test in the morning or throughout the day ? even if they haven't been drinking. There are a few possible reasons why this might be the case and simple steps to avoid any inconvenience this might cause. Mouthwash: Some antiseptic mouthwashes contain alcohol.

What Causes Inaccurate Results? Studies have shown that breathalyzer readings vary at least 15% from actual blood alcohol levels, with 23% of subjects having breathalyzer results giving readings that are in excess of their true blood alcohol levels.

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