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.
Keywords: Wisconsin Affidavit, Motion to dismiss, Failure to follow Breathalyzer Protocols, DUI Description: A Wisconsin Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI is a legal document filed by a defendant in a DUI case in Wisconsin, alleging that law enforcement officers have failed to follow proper breathalyzer protocols during the arrest process. This affidavit aims to request the court to dismiss the DUI charges against the defendant based on the alleged protocol violations. Different types of Wisconsin Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI may include: 1. Preliminary Breath Test (PBT) Protocol Violation: This type of affidavit addresses instances where the arresting officer did not adhere to the correct protocols when administering the preliminary breath test. The defendant asserts that the inaccuracies or improper procedures during the PBT could lead to an invalid DUI arrest. 2. Evidentiary Breath Test (DEBT) Protocol Violation: In this affidavit, the defendant argues that there were failures in following the proper protocols during the administration of the evidentiary breath test, typically conducted at the police station or detention facility. The defendant contends that these protocol violations could render the breath test results unreliable or inadmissible as evidence. 3. Calibration and Maintenance Protocol Violation: This type of affidavit focuses on alleged breaches in the maintenance and calibration protocols of the breathalyzer device used for testing. The defendant asserts that the inaccuracies or deficiencies in the calibration process or instrument maintenance may cast doubt on the accuracy of the breath test results. 4. Officer Training and Certification Protocol Violation: This affidavit emphasizes the importance of officers being properly trained and certified to administer breathalyzer tests. The defendant argues that failures in officer training or certification can lead to improper testing procedures and unreliable results, justifying the dismissal of DUI charges. These affidavits are filed within the larger legal framework of a motion to dismiss and aim to highlight the potential shortcomings in the breathalyzer protocols followed by law enforcement officers during a DUI arrest. The objective is to convince the court that the alleged protocol violations are significant and substantial enough to warrant the dismissal of the DUI charges against the defendant.Keywords: Wisconsin Affidavit, Motion to dismiss, Failure to follow Breathalyzer Protocols, DUI Description: A Wisconsin Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI is a legal document filed by a defendant in a DUI case in Wisconsin, alleging that law enforcement officers have failed to follow proper breathalyzer protocols during the arrest process. This affidavit aims to request the court to dismiss the DUI charges against the defendant based on the alleged protocol violations. Different types of Wisconsin Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI may include: 1. Preliminary Breath Test (PBT) Protocol Violation: This type of affidavit addresses instances where the arresting officer did not adhere to the correct protocols when administering the preliminary breath test. The defendant asserts that the inaccuracies or improper procedures during the PBT could lead to an invalid DUI arrest. 2. Evidentiary Breath Test (DEBT) Protocol Violation: In this affidavit, the defendant argues that there were failures in following the proper protocols during the administration of the evidentiary breath test, typically conducted at the police station or detention facility. The defendant contends that these protocol violations could render the breath test results unreliable or inadmissible as evidence. 3. Calibration and Maintenance Protocol Violation: This type of affidavit focuses on alleged breaches in the maintenance and calibration protocols of the breathalyzer device used for testing. The defendant asserts that the inaccuracies or deficiencies in the calibration process or instrument maintenance may cast doubt on the accuracy of the breath test results. 4. Officer Training and Certification Protocol Violation: This affidavit emphasizes the importance of officers being properly trained and certified to administer breathalyzer tests. The defendant argues that failures in officer training or certification can lead to improper testing procedures and unreliable results, justifying the dismissal of DUI charges. These affidavits are filed within the larger legal framework of a motion to dismiss and aim to highlight the potential shortcomings in the breathalyzer protocols followed by law enforcement officers during a DUI arrest. The objective is to convince the court that the alleged protocol violations are significant and substantial enough to warrant the dismissal of the DUI charges against the defendant.
