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

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Description Breathalyzer Score

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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How to fill out Breathalyzer Failure?

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Breathalyzer Score Meaning Other Form Names

Motion Exclude   Breathalyzer Readings   Exclude Dui   Limine Failure Complete   Breathalyzer Follow Online   Results Dui Editable   Results Dui  

Breathalyzer Results Meaning FAQ

The test on the roadside isn't the "breathalyzer". The number on the roadside is not admissible and is only used for positive or negative for alcohol. So, the officer has no obligation to show you that number.

In most cases when a motorist has been detained for a traffic violation and is suspected of drunk driving, the investigating officer will request the suspect to perform certain field sobriety tests (FSTs). It is impossible to pass a field sobriety test.

3 attorney answersYou have a right to refuse the breathalyzer test, thus, it is irrelevant how many times it was administered since the officer marked a refusal.

You don't have to be under the influence to fail a field sobriety test. In fact, about one-third of sober people who take a field sobriety test fail. Unfortunately, if you fail the field sobriety test, you will likely be arrested and taken into police custody.

Use of Field Sobriety Tests They have published several training manuals associated with FSTs. As a result of the NHTSA studies, the walk-and-turn test was determined to be 68% accurate, and the one-leg stand test is only 65% accurate when administered to people within the study parameters.

Fighting Back Against Either DUI Test What this means is that a person who passes a field sobriety test but fails a breathalyzer test can be charged and convicted of a DUI in California.

Breathalyzer tests measure the concentration of alcohol in your bloodstream. If you consume alcohol immediately before taking the test, though, it may issue a false positive.If less time has passed, your breathalyzer test's reading may be inaccurate.

08 percent or higher, at which point it's considered a DUI or DWI. However, the margin of error with portable breathalyzers can reach 15 percent, and up to 23 percent of the drivers charged for DUI/DWI may be victims of inaccurate breathalyzer results. The most accurate way to test BAC is by sampling blood.

Stand on one foot while counting. Walk a straight line, heel to toe for a specific distance. With arms stretched out, touch your finger to the tip of your nose. Repeat the alphabet from Z to A. Nystagmus or Horizontal/Vertical Gaze Test.

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