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.
Illinois Motion to Dismiss Criminal Charges for Failure to Follow Breathalyzer Protocols — DUI: A Detailed Overview Keywords: Illinois, motion to dismiss, criminal charges, failure to follow breathalyzer protocols, DUI, types. Introduction: In the state of Illinois, a DUI (Driving Under the Influence) charge can have serious consequences. However, there are situations where the charges can be dismissed if it can be proven that the breathalyzer protocols were not followed correctly during the arrest process. This article aims to provide a comprehensive understanding of the Illinois motion to dismiss criminal charges specifically related to the failure of law enforcement officers to follow breathalyzer protocols accurately. Types of Illinois Motion to Dismiss Criminal Charges for Failure to Follow Breathalyzer Protocols: 1. Motion to Dismiss Due to Improper Calibration: One common grounds for a motion to dismiss is when it can be proven that the breathalyzer device used in the DUI arrest was not properly calibrated or maintained according to the predetermined standards. The defense can argue that the inaccurate readings might have skewed the results, leading to wrongful charges. 2. Motion to Dismiss Due to Lack of Probable Cause: Another type of motion to dismiss revolves around the claim that the arresting officer lacked probable cause to administer the breathalyzer test. If, for instance, the officer did not properly conduct the field sobriety tests or failed to establish reasonable suspicion for the DUI arrest, the defense can present this argument to undermine the validity of the breathalyzer test and seek its dismissal. 3. Motion to Dismiss Based on Failure to Follow Administrative Procedure: This type of motion to dismiss aims to challenge the legality of the DUI arrest by pointing out failures on the part of law enforcement to follow the correct administrative procedures associated with breathalyzer testing. It could involve instances where officers failed to provide the arrested with proper instructions or failed to observe the required waiting period before conducting the test. 4. Motion to Dismiss Due to Officer Incompetence: In some cases, a motion to dismiss can be pursued based on the argument that the arresting officer lacked the necessary training or expertise to administer the breathalyzer test accurately. If the defense can demonstrate that the officer lacked the appropriate training or certification, it can undermine the integrity of the test results and seek the dismissal of charges. Conclusion: While the specific circumstances of each DUI case can vary greatly, a motion to dismiss criminal charges for failure to follow breathalyzer protocols has the potential to provide a strong defense strategy. By utilizing relevant motions based on either improper calibration, lack of probable cause, failure to follow administrative procedures, or officer incompetence, individuals charged with DUI in Illinois may be able to challenge the breathalyzer test results and potentially have their charges dismissed. It is crucial for individuals facing such charges to consult with a qualified attorney experienced in Illinois DUI law to navigate the complexities of these motions effectively.
