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

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Multi-State
Control #:
US-02161BG
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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

It is legal to turn around or reroute to avoid a field sobriety checkpoint in Iowa, but you must comply with officers' requests if pulled over. You have the right to refuse a breathalyzer test in Iowa, but doing so can lead to penalties under Iowa's implied consent laws.

Standardized field sobriety tests are voluntary. You are not required to perform the Horizontal Gaze Nystagmus, the Walk and Turn, the One Leg Stand, nor, technically, the Preliminary Breath Test.

You can fight your OWI charge. To do so, you must demonstrate weaknesses in the prosecutor's evidence. Although you might think that certain pieces of evidence, such as the results from the field sobriety or chemical test, would be difficult to challenge, it may be possible to contest them.

Excuses for ?failing? a breathalyzer include keeping your breath fresh, using certain mediations and being subjected to testing with a poorly calibrated device.

Iowa's implied consent law means that any person who operates a motor vehicle in the state agrees to have a blood, breath and/or urine test performed to determine alcohol level or presence of drugs, whenever a peace officer has reasonable grounds to believe the person is operating under the influence.

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