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.
The Washington Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI is a legal document used in DUI (Driving Under the Influence) cases in Washington state. This affidavit is filed by the defense attorney to request the court to dismiss the charges due to a failure by law enforcement to adhere to proper breathalyzer protocols during the DUI arrest and testing process. The affidavit outlines the specific violations, irregularities, or mistakes made by the arresting officer or the agency responsible for administering the breathalyzer test. These violations may include but are not limited to: 1. Breathalyzer Calibration Issues: This type of affidavit challenges the accuracy and reliability of the breathalyzer device used in the DUI arrest. It may argue that the breathalyzer was not properly calibrated, resulting in inaccurate blood alcohol content (BAC) readings. 2. Lack of Proper Observation: This affidavit highlights situations where the arresting officer failed to follow the mandatory observation period before administering the breathalyzer test. This period is essential to ensure that the individual didn't consume anything that could affect the accuracy of the test. 3. Failure to Administer the Test Timely: This type of affidavit argues that the breathalyzer test was not conducted within a reasonable time after the arrest, as required by Washington state law. Delaying the test could lead to inaccurate BAC readings as alcohol levels can fluctuate over time. 4. Violation of Miranda Rights: This affidavit focuses on situations where the arresting officer failed to provide the individual with their Miranda rights, such as the right to remain silent or the right to an attorney. It may argue that the individual's rights were violated, potentially rendering any evidence obtained invalid. 5. Inadequate Training of Law Enforcement: This type of affidavit raises concerns about the officers' lack of proper training in administering the breathalyzer test. It argues that their incompetence or lack of knowledge may have compromised the accuracy and reliability of test results. In summary, the Washington Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI is used to highlight any deviations or breaches in breathalyzer testing procedures to challenge the validity of DUI charges. It aims to convince the court that due process was not followed, leading to potentially flawed evidence. Please note that specific requirements and protocols may vary, and it is important to consult with a legal professional to navigate your individual case.
