What will happen to a driver who is stopped on suspicion of DUI and refuses to take a breath test?

Since a driver who refuses to complete a chemical test violates the implied consent arrangement, almost every state imposes a mandatory driver's license suspension on the driver. This may vary in length from six months to a year. Additionally, in some states, such as New York, fines may also be imposed.

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Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer...

Wyoming 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:

Instant download

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 Motion To Dismiss Criminal Charges For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

Penalties for Breathalyzer Refusal If you refuse a post-arrest test to determine your blood-alcohol concentration, you may risk: Having your license suspended for three, six, or even 12 months. Automatic and instant license revocation for one year.

Everyone commits the offence of refusing a breathalyzer test who, without reasonable excuse, fails or refuses a demand made under section 320.15.

Penalties for Refusing a Breath Test A mandatory minimum $2,000 fine. Mandatory participation and payment for drinking and driving counselling (i.e., the Back on Track Program) Installation of an expensive ignition interlock device in your vehicle. Expensive licence reinstatement fees.

Since a driver who refuses to complete a chemical test violates the implied consent arrangement, almost every state imposes a mandatory driver's license suspension on the driver. This may vary in length from six months to a year. Additionally, in some states, such as New York, fines may also be imposed.

Before 2011, refusing to be tested led to license suspension. However, under new Wyoming DUI laws, W.S. 31-6-102(d), an officer can request a search warrant upon refusal of a breathalyzer or other chemical test. With the warrant, they can get a blood sample for testing.

Since a driver who refuses to complete a chemical test violates the implied consent arrangement, almost every state imposes a mandatory driver's license suspension on the driver.