Utah Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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US-02160BG
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Description

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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  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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FAQ

Your BAC can be used to assess charges for driving under the influence (DUI). While there is an official ?legal limit,? you can still be charged with a BAC under the limit. The legal BAC limit in Utah is . 05 grams.

Refusing a Breathalyzer Test For instance, your license will be revoked upon refusal. You receive a temporary permit that lasts for 29 days, and it should also tell you how to request a hearing to challenge the suspension. At this stage, we urge you to get in touch with a qualified Utah DUI defense attorney.

Remember: You're not required to take any of these field sobriety tests because Utah's implied consent law only applies to chemical tests?breath, blood, and urine?after you are arrested.

While you are free to refuse to participate in the field sobriety tests, there are consequences for refusing to provide a blood or breath sample upon request. Utah's implied consent law provides an 18-month driver license suspension as a penalty for refusing to provide a blood or breath sample for testing upon request.

As provided in Utah Code § 41-6a-503, previous criminal convictions are used as mandatory charge enhancements. While a first or second DUI can be charged as either a class B or class A misdemeanor, a third DUI or fourth DUI within ten years must be charged as a third-degree felony.

Driver's License Suspension ? If you are over 19 years of age, a first time DUI conviction comes with a mandatory 120-day suspension of your driver's license. If you are younger than 19, the suspension time is increased to one year. Probation ? A first time DUI conviction also comes with a 12-month period of probation.

Refusing a chemical test. after Subsections (1)(a) and (b), the actor refuses to submit to a test of the actor's blood. A violation of Subsection (1) is a class B misdemeanor.

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Utah Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI