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.
The Nebraska Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI is a legal document used in Nebraska courts to request the dismissal of a DUI (Driving Under the Influence) charge based on the failure to follow proper breathalyzer protocols. This affidavit serves as a written statement that outlines specific reasons why the DUI case should be dismissed due to violations or discrepancies related to breathalyzer testing procedures. Key elements that may be included in the Nebraska Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI are: 1. Introduction: Begin by clearly stating the purpose of the affidavit — to seek dismissal of the DUI charge based on the failure to follow breathalyzer protocols. 2. Personal Details: Provide the full name, contact information, and address of the affine (the person submitting the affidavit). 3. DUI Case Details: Present relevant details about the DUI case, such as the date and location of the arrest, the arresting officer's name, and the specific charges brought against the individual. 4. Breathalyzer Protocols: Explain the standardized breathalyzer protocols that law enforcement officers are required to follow during DUI stops. Emphasize the importance of adhering to these protocols to ensure accurate and reliable test results. 5. Identified Violations: Outline the specific violations or failures in breathalyzer protocol that occurred during the arrest. Examples may include failure to properly calibrate the breathalyzer device, failure to observe the individual for the required period before the test, inadequate training of the arresting officer, or failure to document important information regarding the breathalyzer test. 6. Supporting Evidence: Include any supporting evidence that substantiates the alleged violations. This may consist of documents, such as police reports, witness statements, or expert opinions, that demonstrate the lack of compliance with breathalyzer protocols. 7. Legal Precedents: Cite relevant legal statutes, case laws, or precedents that support the argument for dismissal when breathalyzer protocols are not properly followed. 8. Conclusion: Reiterate the request for dismissal of the DUI charge based on the failure to follow breathalyzer protocols. Summarize the main arguments presented in the affidavit and express confidence that dismissal is warranted. Different types of Nebraska Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI may include specific variations based on the individual circumstances, such as: 1. Failure to Provide Required Observation Period: If the arresting officer did not properly observe the individual for the required period before conducting the breathalyzer test, an affidavit could focus on this violation. 2. Calibration or Maintenance Issues: If there are concerns with the calibration or maintenance of the breathalyzer device used during the arrest, an affidavit could detail these particular issues and their impact on the test results. 3. Inadequate Training or Documentation: If it can be shown that the arresting officer lacked proper training or failed to document critical information during the breathalyzer test, an affidavit could emphasize these violations. Remember to consult with a qualified attorney for specific guidance and legal advice in preparing a Nebraska Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI, as requirements and procedures may vary depending on the jurisdiction and individual case circumstances.The Nebraska Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI is a legal document used in Nebraska courts to request the dismissal of a DUI (Driving Under the Influence) charge based on the failure to follow proper breathalyzer protocols. This affidavit serves as a written statement that outlines specific reasons why the DUI case should be dismissed due to violations or discrepancies related to breathalyzer testing procedures. Key elements that may be included in the Nebraska Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI are: 1. Introduction: Begin by clearly stating the purpose of the affidavit — to seek dismissal of the DUI charge based on the failure to follow breathalyzer protocols. 2. Personal Details: Provide the full name, contact information, and address of the affine (the person submitting the affidavit). 3. DUI Case Details: Present relevant details about the DUI case, such as the date and location of the arrest, the arresting officer's name, and the specific charges brought against the individual. 4. Breathalyzer Protocols: Explain the standardized breathalyzer protocols that law enforcement officers are required to follow during DUI stops. Emphasize the importance of adhering to these protocols to ensure accurate and reliable test results. 5. Identified Violations: Outline the specific violations or failures in breathalyzer protocol that occurred during the arrest. Examples may include failure to properly calibrate the breathalyzer device, failure to observe the individual for the required period before the test, inadequate training of the arresting officer, or failure to document important information regarding the breathalyzer test. 6. Supporting Evidence: Include any supporting evidence that substantiates the alleged violations. This may consist of documents, such as police reports, witness statements, or expert opinions, that demonstrate the lack of compliance with breathalyzer protocols. 7. Legal Precedents: Cite relevant legal statutes, case laws, or precedents that support the argument for dismissal when breathalyzer protocols are not properly followed. 8. Conclusion: Reiterate the request for dismissal of the DUI charge based on the failure to follow breathalyzer protocols. Summarize the main arguments presented in the affidavit and express confidence that dismissal is warranted. Different types of Nebraska Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI may include specific variations based on the individual circumstances, such as: 1. Failure to Provide Required Observation Period: If the arresting officer did not properly observe the individual for the required period before conducting the breathalyzer test, an affidavit could focus on this violation. 2. Calibration or Maintenance Issues: If there are concerns with the calibration or maintenance of the breathalyzer device used during the arrest, an affidavit could detail these particular issues and their impact on the test results. 3. Inadequate Training or Documentation: If it can be shown that the arresting officer lacked proper training or failed to document critical information during the breathalyzer test, an affidavit could emphasize these violations. Remember to consult with a qualified attorney for specific guidance and legal advice in preparing a Nebraska Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI, as requirements and procedures may vary depending on the jurisdiction and individual case circumstances.
