Indiana Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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Multi-State
Control #:
US-02160BG
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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 Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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FAQ

One of the best ways to combat an OWI charge in Indiana is to challenge the arrest itself. Far too many police officers make mistakes or break protocol when they are arresting someone they suspect of being intoxicated. These mistakes can work out in your favor when we bring them to light in court.

If refused to take a Breathalyzer test, the fact will be noted in your file. As a result, the judge handling your case will not be sympathetic once they read about your refusal. In other words, if you refuse a breathalyzer test, the court takes this as an admission of guilt.

Indiana Wet Reckless Charge- if you did not harm anyone when you were driving drunk, and you can demonstrate to the court that your life would be severely and negatively affected by a DUI conviction, you may be able to get a lesser charge known as ?wet reckless? in Indiana.

When you get your first DUI in Indiana, your license could be suspended. You could face up to a year of jail time and could be required to pay a fine up to $5,000. The consequences of even a first drunk driving offense are serious under Indiana DUI laws.

The Top Ways to Get a DUI/OWI Charge Dismissed in Indiana Lack of or Unreliable Evidence. ... Violations of Your Constitutional Rights. ... Plea Bargains. ... Pretrial Diversion/Deferral. ... Helping You Understand Your Legal Rights.

In specific situations, a motorist who is charged with operating a vehicle while intoxicated (OWI) may plead down to a reckless driving charge. This is known as a ?wet reckless? and carries less severe penalties than an OWI/DUI conviction would.

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Indiana Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI