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.
Rhode Island Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols — DUI When facing DUI (Driving Under the Influence) charges in Rhode Island, it is crucial to understand the potential legal strategies at your disposal. One such strategy is filing a Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols. The breathalyzer test is a commonly used method to determine a person's blood alcohol content (BAC) level when suspected of driving while intoxicated. However, law enforcement officers must adhere to specific protocols when administering this test to ensure its accuracy and reliability. Failure to follow these protocols can compromise the validity of the breathalyzer test results and provide grounds for a motion to dismiss the DUI charges. In Rhode Island, there are various types of motions to dismiss criminal charges for failure to follow breathalyzer protocols in a DUI case. These include: 1. Motion to Dismiss Based on Lack of Proper Training: This motion argues that the law enforcement officer administering the breathalyzer test lacked the necessary training and/or certification to conduct the test. If the officer lacked proper training, it can raise doubts about the accuracy and reliability of the test results, potentially leading to the dismissal of the charges. 2. Motion to Dismiss Based on Failure to Follow Maintenance Protocols: Breathalyzer machines require regular maintenance to ensure their accuracy. If it can be proven that the breathalyzer device used in your case was not adequately maintained or that maintenance records were not properly kept, it can undermine the reliability of the test results and provide a valid reason for dismissing the charges. 3. Motion to Dismiss Based on Failure to Establish Chain of Custody: Establishing a clear and unbroken chain of custody is vital to preserving the integrity of the breath sample provided for testing. This motion argues that the prosecution failed to demonstrate that the breath sample was properly handled, stored, and analyzed throughout the entire process. A compromised chain of custody can cast doubt on the accuracy and validity of the test results, potentially leading to a dismissal. 4. Motion to Dismiss Based on Improper Breathalyzer Test Administration: This motion challenges the manner in which the breathalyzer test was administered. It can argue that the officer failed to comply with the required observation period, did not administer the test in the required manner, or did not provide accurate instructions to the individual taking the test. Any deviations from the established protocols can call into question the validity of the test results and potentially result in a dismissal of the charges. It is important to note that each case is unique, and the viability of these motions will depend on the specific circumstances of your DUI arrest. Consulting with an experienced Rhode Island DUI defense attorney is essential to determine the best approach for your particular situation.
