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.
Minnesota Motion to Dismiss Criminal Charges for Failure to Follow Breathalyzer Protocols — DUI In Minnesota, a motion to dismiss criminal charges for failure to follow breathalyzer protocols in DUI cases allows the defendant to challenge the validity and admissibility of breathalyzer test results. If the court finds that the breathalyzer protocols were not correctly followed or that errors occurred during the testing process, the defendant may be able to have the charges dismissed or the evidence suppressed, weakening the prosecution's case against them. Types of Minnesota Motions to Dismiss Criminal Charges for Failure to Follow Breathalyzer Protocols — DUI 1. Motion to Dismiss based on failure to adhere to standardized testing procedures: This motion argues that law enforcement did not strictly follow the standardized breathalyzer testing protocols set by the Minnesota Bureau of Criminal Apprehension (BCA). These protocols include proper administration of the test, calibration of the equipment, and monitoring the defendant during the testing process. If these procedures were not followed, the defendant's attorney can claim that the test results are unreliable and should not be admitted as evidence. 2. Motion to Dismiss based on improper maintenance and calibration: Breathalyzer machines require regular maintenance and periodic calibration to ensure accuracy. If it can be demonstrated that the testing equipment was not properly maintained, calibrated, or certified in accordance with state guidelines, the defense can argue that the results are unreliable and that the charges should be dismissed. 3. Motion to Dismiss based on lack of probable cause: In some cases, law enforcement may not have had sufficient probable cause to request a breathalyzer test in the first place. The defendant's attorney can use this motion to challenge the legality of the arrest and subsequent testing. If it can be proven that there was no reasonable suspicion or probable cause for the DUI stop, the evidence obtained from the breathalyzer test may be suppressed, leading to a potential dismissal of charges. 4. Motion to Dismiss based on violation of the defendant's rights: This motion argues that the defendant's constitutional rights were violated during the administration of the breathalyzer test. Examples of such violations include coerced testing, denial of access to legal representation, or other misconduct during the testing process. If the court determines that the defendant's rights were violated, the evidence may be suppressed, resulting in a potential dismissal of charges. It is important to note that the success of these motions depends on the specific circumstances of each case and the evidence presented. Consulting with an experienced DUI defense attorney is crucial for determining the viability of a motion to dismiss criminal charges for failure to follow breathalyzer protocols in Minnesota.
