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.
Georgia Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols — DUI In the state of Georgia, individuals who are arrested for driving under the influence (DUI) may have the option to file a motion to dismiss criminal charges based on the failure of law enforcement officials to adhere to breathalyzer protocols. These protocols are crucial in ensuring accuracy and fairness in DUI cases, and failure to follow them can potentially weaken the prosecution's case against the accused. Breathalyzer protocols in Georgia, as in most states, require law enforcement officers to follow specific guidelines when administering breathalyzer tests to individuals suspected of driving under the influence. These guidelines include proper calibration and maintenance of the breathalyzer machine, thorough training of officers conducting the tests, and adherence to a standardized set of procedures during the testing process. If an individual's DUI defense attorney believes that there have been violations or errors in the breathalyzer protocols during their client's arrest, they can file a Georgia Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols. This motion aims to demonstrate to the court that the breathalyzer test results may be unreliable or inaccurate, which would cast doubt on the charges brought against the defendant. Common types of Georgia Motions to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols may include: 1. Failure to Properly Calibrate the Breathalyzer Machine: This motion asserts that the machine used to test the defendant's blood alcohol concentration (BAC) was not correctly calibrated or maintained, potentially leading to inaccurate results. 2. Lack of Officer Training: This motion argues that the law enforcement officer who administered the breathalyzer test lacked proper training in conducting the test, potentially compromising the accuracy of the results. 3. Deviation from Standardized Procedures: This motion claims that the officer deviated from the standardized procedures established for breathalyzer testing, introducing the possibility of errors or inconsistencies in the results. 4. Chain of Custody Issues: This motion suggests that there were problems in the chain of custody of the breathalyzer test results, meaning that the handling, storage, or transportation of the sample was not adequately documented or safeguarded, raising doubts about the integrity of the evidence. It is important to note that the success of a Georgia Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols largely depends on the specific circumstances of the case and the ability of the defense attorney to present compelling arguments and evidence supporting their claims. Consulting with an experienced DUI defense attorney is crucial for anyone considering filing such a motion and seeking to have the charges against them dismissed.
