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

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US-02216BG
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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.

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 California, all drivers on the road are presumed to have given their ?implied consent? to chemical testing if arrested on suspicion of driving under the influence. This applies to all drivers on the road in California and not just those who carry California driver's licenses.

Arkansas's implied consent laws specify that any person who operates a vehicle within the state is deemed to have consented to DWI (driving while intoxicated) chemical testing. Consequently, any person who has been lawfully arrested on suspicion of DWI is required to submit to a breath, saliva, or urinary test.

Section 5-65-103 - Driving or boating while intoxicated (a) (1) It is unlawful and punishable as provided in this chapter for a person who is intoxicated to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle.

If you refuse a breathalyzer or chemical test, no tests will be performed, but you may be criminally charged for your refusal and your driver's license may be seized.

They may ask you to balance on one leg, walk and turn on a line or analyze your ability to focus on a moving object. Under Arkansas law, you may refuse to perform field sobriety tests. It is entirely legal to refuse a field sobriety test.

What is the Age of Consent in Arkansas? The age of consent in Arkansas is 16 years old. This means that anyone who engages in sexual activity with a person under 16 years old can be charged with statutory rape. Even if the minor consents to the sexual activity, it is still considered a sex crime.

This means that, regardless of what happens with being charged or not charged with DWI, should you refuse a Breathalyzer test, you will still face a six-month suspension of your driver's license if it is your first offense.

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