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

Category:
Civil Actions - Driving under the Influence
State:
Multi-State
Control #:
US-02216BG
Format:
Word; 
Rich Text
Instant download
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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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How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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FAQ

(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.

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.

Washington Consequences for Refusing a Breathalyzer Test DUI offenses are considered a gross misdemeanor in the state of Washington and will go on your criminal record as well as your driving record. As far as license suspension, you will receive less suspension time if you submit to a Breathalyzer than if you refuse.

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.

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.

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.

Washington Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI Related Searches

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