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Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer...

Queens New York Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

Name: Queens New York Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
Brand: US Legal Forms
Rating: 4.77 (442 reviews)

Category:

Criminal - Driving under the Influence

State:

Multi-State

County:

Queens

Control #:

US-02160BG

Format:

Instant download

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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FAQ

In court, the prosecution must prove beyond a reasonable doubt that the driver's ability to operate a motor vehicle was impaired by alcohol, illegal drugs, Marijuana, or prescription medicine in order for a NY DWI case to be won against a driver.

Refusing this test is a normal response, but unfortunately, it's also illegal. This is because California law says that you agreed to take the test in advancethe day you got your driver's license. By refusing during your arrest, you are essentially breaking the law.

If you fail to complete a breath test, the police may ask for a urine or blood sample instead. If you continue to refuse, you will be arrested and charged with failing to provide a specimen.

A DWI charge could be dismissed if it is determined that the officer did not have a reasonable suspicion to pull the vehicle over. If an officer stops a vehicle traveling on a public highway, he/she can only do so if they have a reasonable suspicion that the driver has committed a vehicle and traffic law violation.

For individuals charged with a first-offense DWI/DUI in New York, there is no minimum jail time required. However, it is possible to be sentenced to a maximum of one year in jail. Fines for a first-time DWI offense can range from $500 to $2,500, depending on your BAC level at the scene of the crime.

Refusing to take a test may deprive the prosecution of damning evidence, but it will also usually result in a license suspension. In some situations, a refusal post-arrest can be overcome: a non-consensual blood test may be allowed in rare circumstances.

Consequences of Refusing Post-Arrest Testing The penalties for refusing to take a blood, breath, or urine test begin with a one-year license suspension. You could lose your license for two years for a second refusal or if you had a reckless driving or DUI conviction within the last ten years.

You have the right to refuse a breathalyzer test, but it comes with a cost. In addition to immediate suspension of your driving license, in some states, you may be charged for refusal to take the test, and you can still be convicted of a DUI even without taking a breathalyzer.

Based upon due process concerns as generated by Hitch, the police give a Trombetta advisement which informed the subject that a breath sample is not preserved and if they want a preservable sample, they can provide a blood or urine sample for blood alcohol content. This is a right of the defendant.

A DWI can potentially be reduced in NY to a DWAI (Driving While Ability Impaired). While a DWI is a misdemeanor, and therefore a criminal charge, a DWAI is considered a violation, which is not a crime.

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Queens New York Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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