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.
Title: Indiana Motion to Dismiss Criminal Charges for Failure to Follow Breathalyzer Protocols — DUI Explained Keywords: Indiana, Motion to Dismiss, Criminal Charges, Failure to Follow, Breathalyzer Protocols, DUI Introduction: A Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols — DUI in Indiana could be a legal defense strategy to seek dismissal of DUI charges based on violations or improper administration of breathalyzer protocols. This article aims to provide a detailed understanding of the motion and its potential types in Indiana. 1. Understanding the Motion to Dismiss Criminal Charges for Failure to Follow Breathalyzer Protocols — DUI: When a person is charged with a DUI offense in Indiana, law enforcement must follow strict protocols during breathalyzer testing. Failure to comply with these protocols may weaken the prosecution's case and provide grounds for the defense to file a motion to dismiss. This motion challenges the admissibility and reliability of breathalyzer test results. 2. Types of Indiana Motion to Dismiss Criminal Charges for Failure to Follow Breathalyzer Protocols — DUI: a) Procedural Errors: This type of motion challenges any violations of established procedures during breathalyzer testing. For instance, if the arresting officer failed to properly calibrate or maintain the breathalyzer equipment, the defense may argue that the results cannot be considered accurate or admissible evidence. b) Lack of Qualified Personnel: The defense may file this motion if it can be proven that the breathalyzer test was conducted by an untrained or unqualified individual. These personnel may include officers who have not completed the required training to administer breathalyzer tests accurately. c) Inadequate Observations: The defense may file a motion asserting that the officer did not adequately observe the defendant before administering the breathalyzer test. Proper observation period, typically 15-20 minutes, is crucial to ensure the absence of external factors that may impact the breathalyzer reading, such as consuming something or regurgitation. d) Chain of Custody Issues: This type of motion questions the integrity of breathalyzer test results in cases where there are concerns about mishandling or tampering with the equipment or the sample. The defense may argue that the unreliable chain of custody compromises the accuracy of the test results. 3. Potential Outcomes of a Successful Motion to Dismiss: If the court approves the motion and agrees that breathalyzer protocols were not followed correctly, several outcomes may follow: — Dismissal of the DUI charges: If the violations are substantial and have a significant impact on the case, the charges can be dismissed entirely. — Exclusion of Breathalyzer Results: In some cases, the court may exclude the breathalyzer test results as evidence, weakening the prosecution's case considerably. — Negotiation Power: A successful motion can also provide leverage during plea negotiations, potentially leading to reduced charges or penalties. Conclusion: Filing a Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols — DUI in Indiana can be a powerful legal defense strategy to challenge the breathalyzer test's admissibility and accuracy. By highlighting procedural errors or protocol violations, defendants may be able to weaken the prosecution's case or potentially have the charges dismissed altogether. However, it is crucial to consult with a qualified DUI defense attorney in Indiana to determine the best course of action based on the specific circumstances of the case.
