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.
If you are facing criminal charges for a DUI in Michigan and believe that the breathalyzer protocols were not followed correctly during your arrest, you may have grounds to file a motion to dismiss the charges. A motion to dismiss is a legal request made to the court to throw out the charges against you based on specific legal arguments. In this case, it would focus on the failure of law enforcement to adhere to proper breathalyzer protocols. Breathalyzer protocols are established guidelines and procedures that law enforcement officers must follow when administering a breathalyzer test to measure a person's blood alcohol concentration (BAC) at the time of arrest. These protocols are in place to ensure accurate and reliable results, as breathalyzer tests are commonly used as evidence to determine if a driver was operating a vehicle under the influence of alcohol. If a law enforcement officer fails to follow the necessary breathalyzer protocols during your DUI arrest, this can weaken the credibility of the evidence against you. Such failures may include not properly calibrating the breathalyzer device, not observing you for the required period of time before administering the test, or conducting the test in a location that interferes with accurate readings. There are several types of Michigan motions to dismiss criminal charges for failure to follow breathalyzer protocols in a DUI case. These include: 1. Motion to dismiss based on calibration errors: If you can prove that the breathalyzer device used in your case was not properly calibrated or maintained according to the manufacturer's guidelines, this could call into question the accuracy of the test results. 2. Motion to dismiss based on failure to observe waiting period: Breathalyzer devices require a specific waiting period before administering the test to ensure accurate readings. If the officer did not observe you for the required waiting period, it can be argued that the results are unreliable and should be dismissed. 3. Motion to dismiss based on improper administration: This motion argues that the officer did not follow the proper procedures when administering the breathalyzer test. This could include issues such as not giving clear instructions, not supervising you during the test, or not allowing you enough time to provide a proper breath sample. It's important to note that filing a motion to dismiss criminal charges for failure to follow breathalyzer protocols requires a strong understanding of Michigan DUI laws and legal procedures. Consulting with an experienced DUI defense attorney who specializes in Michigan law is highly recommended. They can evaluate the specific circumstances of your case, determine the most appropriate motion to file, and represent your interests in court. In conclusion, if you believe that law enforcement failed to follow proper breathalyzer protocols during your DUI arrest in Michigan, you may have grounds to file a motion to dismiss criminal charges. This motion can be based on various factors such as calibration errors, failure to observe waiting periods, or improper administration. However, it is crucial to consult with a knowledgeable attorney who can guide you through the legal process and effectively advocate for your rights.
