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.
Maine Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI In the state of Maine, when facing a DUI charge, defendants have the right to file a motion to dismiss if they believe that the breathalyzer protocols were not followed correctly during their arrest. This motion is supported by an affidavit, which is a written statement that provides detailed explanations and evidence supporting the claim of failure to follow breathalyzer protocols. Here is a comprehensive description of what a Maine Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI entails: 1. Introduction: The affidavit begins with a brief introduction, providing information about the defendant and their DUI charge. It includes the defendant's name, the court where the case is being heard, and the date of the arrest. 2. Statement of Personal Knowledge: The affidavit must establish that the person making the statement has personal knowledge of the events surrounding the DUI arrest and the breathalyzer procedures that were conducted. It ensures that the individual is a credible witness. 3. Explanation of Breathalyzer Protocols: The affidavit elaborates on the specific breathalyzer protocols that are mandated by the state of Maine. It details the proper procedures' law enforcement officers are required to follow during the administration of a breathalyzer test, including proper calibration, observation period, and handling of the device. 4. Alleged Failure to Follow Protocols: The affidavit highlights the specific instances where it is believed that the arresting officer deviated from the required protocols. This could include failure to properly explain the test, inadequate observation period, using an expired or improperly calibrated device, or mishandling the breathalyzer instrument. 5. Supporting Evidence: To strengthen the affidavit, any available supporting evidence should be included. This might consist of video footage from the arrest, witness testimonies, expert opinions on breathalyzer protocols, or any document showing irregularities regarding the breathalyzer testing, such as maintenance logs or calibration records. 6. Legal Authority: The affidavit may reference relevant laws, regulations, or court rulings that establish the importance of adhering to breathalyzer protocols. This helps to demonstrate the significance of the alleged failure in following the proper procedures and their potential impact on the validity and accuracy of the breathalyzer test results. Different Types of Maine Affidavits in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI: 1. Affidavit based on Faulty Calibration: This type of affidavit argues that the breathalyzer device used during the arrest was not properly calibrated or calibrated within the required timeframe, leading to potentially inaccurate test results. 2. Affidavit based on Mishandling of Device: Here, the affidavit contends that the law enforcement officer failed to handle the breathalyzer device correctly, potentially compromising the accuracy of the test results. Mishandling could include improper storage, incorrect administration, or lack of adherence to manufacturer guidelines. 3. Affidavit based on Insufficient Observation Period: This type of affidavit asserts that the officer did not provide an adequate observation period before conducting the breathalyzer test. The affidavit would outline the specific observations related to the individual's behavior or actions during that period, arguing that the lack of proper observation cast doubt on the reliability of the breathalyzer result. By filing a detailed Maine Affidavit in Support of Motion to Dismiss for Failure to Follow Breathalyzer Protocols — DUI, defendants aim to convince the court that the breathalyzer test results should be deemed inadmissible or unreliable due to the alleged failure to follow proper protocols, potentially leading to a dismissal of the DUI charge or a reduction in penalties.
