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

Category:
Civil Procedure - Dismissals
State:
Multi-State
Control #:
US-02161BG
Format:
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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  • Preview Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

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How to fill out Affidavit In Support Of Motion To Dismiss For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

Automatic License Suspension: Refusing a breathalyzer test triggers an automatic administrative suspension of your driver's license, regardless of whether you're ultimately convicted of a DUI. The suspension period typically lasts longer than for a first-time DUI offense.

Ing to the vehicle code, the California DMV will confiscate your driving privileges if you refuse or fail the screening tests. The arresting officer will take your driver's license and give you a temporary one for 30 days. You have the right to request an administrative hearing within 10 days of your arrest.

Typically, this is a chemical test using a breathalyzer. The breathalyzer is not a portable machine and produces results that are more accurate and can be admitted into court as evidence against you.

A breath test is admissible in court, but it doesn't always give accurate results. False positives can be caused by mouth alcohol, which occurs when you have alcohol in your mouth from your last drink before blowing it into the machine. Another common reason is if you breathe slowly while taking the test.

The major consequences of a chemical test refusal are: increased penalties in addition to the standard California DUI penalties, and. a mandatory driver's license suspension that will occur regardless of the outcome in your DUI case.

The breath alcohol test measures the amount of alcohol in the blood by testing exhaled air. The test is performed by blowing into a breath machine 15 minutes after alcohol consumption. The test determines how much alcohol it takes to raise the blood-alcohol level to a dangerous level.

Even though consenting to a chemical test is required after a DUI arrest, California law does not specify which type of chemical test you must consent to. At the time of your arrest, the officer should inform you of your right to choose either a breathalyzer test or a blood test to determine your BAC.

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