Kentucky 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

How to fill out Motion To Dismiss Criminal Charges For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

If you have been charged with any type of DUI in Kentucky, it is important to work with an experienced DUI defense attorney. There are many potential defenses to a DUI charge that can be used to get the charges reduced, the case dismissed, or to win at trial.

A refusal to give a breath or blood sample results in a pre-trial suspension of your license with no hardship privileges. A refusal to take the field sobriety tests (in Kentucky), however, carries no penalty against your license.

Ing to Kentucky's implied consent law, when you drive in the state of Kentucky, you automatically agree to take one or more tests of your blood, urine, or breath, or a combination of the same, for purposes of determining the alcohol concentration or presence of any substance which may impair your ability to drive ...

Illicit Drugs For controlled substances like cocaine, heroin, and methamphetamine, Kentucky has what is called a ?zero tolerance? law, meaning that any amount of these drugs in your system can be enough to support a conviction.

Penalties for a Kentucky DUI OffenseFineImprisonmentFirst offense within a 10-year period$200 to $50048 hours to 30 daysSecond offense within a 10-year period$350 to $5007 days to 6 monthsThird offense within a 10-year period$500 to $1,00030 days to 12 months

When a DUI Becomes a Felony. If a person receives multiple DUI charges, the punishments for each consecutive offense become more severe. After the fourth DUI in a ten-year period, the offense is then considered a Class D felony in Kentucky.

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