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

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Sacramento
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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

Local rules are regulations that govern the procedures of specific courts within a jurisdiction, including Sacramento. These rules provide essential guidance on how to approach various legal matters, including DUI cases. Knowing the local rules is crucial when filing documents like the Sacramento California Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols - DUI.

Refusing to take a test may deprive the prosecution of damning evidence, but it will also usually result in a license suspension. In some situations, a refusal post-arrest can be overcome: a non-consensual blood test may be allowed in rare circumstances.

If you refuse a Breathalyzer test, you will most likely face serious consequences. For instance, if an officer stops you and believes you are intoxicated, and you refuse to submit to a test to determine your blood-alcohol concentration (BAC), you may risk having your license suspended or even face jail time.

Refusing a breathalyzer in NY results in an automatic suspension of your driver's license for 6 months to a year and a fine of up to $500. These are in addition to the DUI/DWI penalties should you be arrested and found guilty.

A Trombetta-Youngblood motion is a formal request to the court that the judge dismiss the case against you on the grounds that evidence has been destroyed or lost. If there was potentially helpful evidence that was destroyed in your DUI case, a Trombetta-Youngblood motion could allow you to effectively win your case.

Based upon due process concerns as generated by Hitch, the police give a Trombetta advisement which informed the subject that a breath sample is not preserved and if they want a preservable sample, they can provide a blood or urine sample for blood alcohol content. This is a right of the defendant.

If you refuse to submit to a DUI chemical test, the DMV will automatically suspend your license. You have ten days following your arrest to request a California DMV hearing to contest that suspension. Doing so may postpone your suspension, pending the outcome of the hearing.

You Cannot Refuse the Chemical Breath Test without Penalty The breathalyzer test you are given at the police station after your arrest is mandatory, and if you refuse to take it, you are subject to additional penalties under California's implied consent law.

The law says that if you refuse to take the required breath, blood or urine test, your driver's license will be immediately suspended for one year. If you refuse the test and are later convicted of DUI, there will be a mandatory fine and jail time as well as the penalties for the offense itself.

A Trombetta motion (T-motion) is a legal motion that a criminal defense attorney will file with the court when: evidence was gathered in a case that was (or might be) helpful to the defendant, and. the evidence was destroyed or mishandled by the police or prosecutor.

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