Maine Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

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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 In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI
  • Preview Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI
  • Preview Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

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FAQ

Field sobriety tests are voluntary because, ing to Maine law, ?if there is probably cause to believe a person has operated a motor vehicle while under the influence of intoxicants, that person shall submit to and complete a test to determine an alcohol level and the presence of a drug or drug metabolite by ...

Since a driver who refuses to complete a chemical test violates the implied consent arrangement, almost every state imposes a mandatory driver's license suspension on the driver. This may vary in length from six months to a year. Additionally, in some states, such as New York, fines may also be imposed.

Implied consent warnings in Maine This means that the police officer must first inform the suspect that the refusal or failure to perform a test will: Result in the suspension of his/her driver's license for up to six years. Be admissible as evidence in a trial for operating under the influence of intoxicants, and.

The lowest level of OUI in Maine can send you to jail for up to 364 days, put you on probation for up to one year, cost you pay a fine of up to $2,000, and take your license for up to three years. A felony OUI involving serious injury or death can send you to prison for years and revoke your license for life.

Under Implied Consent, you automatically agree to a chemical test (blood, breath, or urine) at any time authorities have probable cause to administer it. If you refuse to take such a test for alcohol or drugs, your driver's license will be immediately suspended. The suspension could be for a period of up to six years.

Maine Legal Limit OUI Law You are presumed intoxicated if your blood-alcohol content (BAC) or breath-alcohol content (BrAC) was over a specified ?legal limit.? In Maine, that limit is . 08%.

Maine's Implied Consent Law The police officer must administer a breath test ?unless, in that officer's determination, a breath test is unreasonable.? If the officer determines that a breath test is unreasonable, the officer will likely ask the person to submit to a blood or urine test.

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Maine Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI