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

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Multi-State
Control #:
US-02216BG
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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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FAQ

If you blow at or above the legal limit of 0.08 BAC, you will face an immediate administrative license suspension. The same thing will happen if you refuse a breathalyzer test after your arrest.

In West Virginia, if you are a non-aggravated first-time DUI offender the penalties can be up to 6 months in jail, up to $500 in fines, and license suspension or the installation of an Interlock Ignition Device.

Ing to West Virginia drunk driving laws, there is no minimum DUI jail sentence if the blood alcohol concentration (BAC) is less than . 15%; anything higher will result in a maximum of 6 months and a minimum of 48 hours in jail, 24 of which must be served.

One of the biggest changes to this new law will be that a citizen accused of DUI in the State of West Virginia from July 1, 2020 forward will only lose his or her driver's license, privilege to drive in WV or have any type of mandatory interlock period imposed IF he or she is actually convicted of DUI in the criminal ...

If you refuse blood, breath, or urine testing after your arrest, you could face license revocation. Secondary BAC tests may only be conducted with either your consent or a warrant.

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