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Affidavit In support of Motion in Limine to Preclude any Evidence of...

Minnesota 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:

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 Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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FAQ

In Minnesota, the crime of a first-time test refusal is always charged as a gross misdemeanor (maximum penalties of a year in jail and/or a $3000.00 fine). A first-time DWI charged with having an alcohol test result of . 08 to . 15 faces a misdemeanor charge (up to 90 days in jail and/or a $1000.00 fine).

Therefore, the following could possibly constitute a reasonable excuse: Serious health problems, such as lung conditions, heart conditions, diabetes, serious injuries, hyperventilation, shortness of breath caused by asthma, extreme nervousness or breathing problems resulting from a panic attack.

Can I Refuse To Take a Breath Test? As an easy rule: do not refuse a breathalyzer. Under section 320.15 of the Criminal Code, refusal of a breathalyzer is a criminal offence. Police cannot force you to take it, but the refusal to do so will result in a criminal charge and therefore, lifelong consequences.

Under Minnesota law, you must take an implied consent breath test administered at the police station. You must also take a blood or urine test at the hospital if a breath test is not administered at the station. Refusing an implied consent sobriety test is a crime.

If a police officer has reason to believe that you are driving while intoxicated, he or she will ask that you submit to field sobriety tests. You are not required to do any of these tests. These tests are to determine whether or not the officer's suspicions of impaired driving are correct.

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

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

Description

Related forms

Viewed forms

How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

Form popularity

FAQ

What happens if you refuse a breath test in Minnesota?

What is a reasonable excuse to refuse a breathalyzer?

Can you refuse a breathalyzer test in Canada?

Can you refuse a breathalyzer test in Minnesota?

Is a field sobriety test mandatory in Minnesota?

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