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Affidavit In support of Motion in Limine to Preclude any Evidence of...

Broward Florida Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

Name: Broward Florida Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI
Brand: US Legal Forms
Rating: 4.8 (427 reviews)

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

County:

Broward

Control #:

US-02216BG

Format:

Instant download

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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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In accordance with Florida law, refusal to submit to a breath test may be used against you in court to show a consciousness of guilt. Your driver's license may also be suspended for one year after your refusal.

For a first offense DUI, refusal to take a Breathalyzer test could result in a one year suspension of your license. A second and third offense will result in an 18-month license suspension. Additional consequences, even jail time, could result from a second or third refusal to blow.

The difficulty the police face is that the roadside reading is non-evidential, meaning it can't be used as evidence in court. If you fail at the roadside, the police will want to get you to the station as quickly as possible, in order to get the highest breath reading from you on the evidential device.

Under Florida's implied consent law, if a person refuses to take a breathalyzer test, he or she is subject to a mandatory license suspension. A first offense refusal will be a one-year license suspension and a second or third offense will result in 18 months of license suspension with possible jail time.

In Florida, the results of the preliminary breath test are not usually not admissible in the criminal trial or even during a hearing on the issue of whether the officer had probable cause for the arrest.

Florida's Implied Consent Law imposes serious penalties on a driver who refuses to submit to an appropriate breath test, urine test, or blood test upon a lawful arrest for DUI. First Refusal: results in a 1 year driver's license suspension; Second Refusal: results in an 18-month driver's license suspension.

There is no penalty for refusing to take a PAS breath test unless you are under 21 or on probation for a prior DUI conviction. Unfortunately, the police will rarely present it to you as a choice. But the PAS test is merely a field sobriety test (FST).

A driver must submit to a blood or urine test in order to accurately measure blood alcohol content (BAC) or to test for the presence of drugs. Regardless of the test, drivers are required to take any DUI tests requested by law enforcement.

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.

In Florida, refusing to perform a sobriety test based on suspicion of drunk driving is not against the law but can lead to a misdemeanor charge, a license suspension of up to one year if you refuse it for the second time.

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This affidavit of Detective Lusty is not only the second one that I am aware of, but it is a “slam dunk” for my case. Detective Lusty gave information to this court that contradicts statements that have been made in other judicial documents including the “Florida Declaration” that is now in direct violation of Judge Anderson's order. This affidavit proves that the State did not obtain the blood sample the night that defendant was arrested for DUI on June 16, 2011. In the first report I am referred to the “State's” expert, Dr. Robert Lee. Dr. Lee writes in his report that defendant's blood alcohol level was 0.24 at the time of her arrest. This is inconsistent with my evidence of blood test results at 4:10 am. Detective Lusty, with no warrant, ran an unannounced search during which defendant performed a test on herself for alcohol. She said that she had not consumed alcohol or drugs in the three hours that she had been sober.

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Broward Florida Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

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How to fill out Broward Florida Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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FAQ

Is refusing a breathalyzer an admission of guilt in Florida?

What happens if you refuse a blood alcohol test in Florida?

Can a roadside breathalyzer be used in court?

Can you refuse a breath test in Florida?

Are breathalyzers admissible in court in Florida?

Does Florida have an implied consent law?

What happens if you refuse to submit to the PAS BAC test?

Can you refuse a blood test for DUI in Florida?

What happens if you refuse to take a blood or urine test?

Can you refuse a sobriety test in Florida?

Interesting Questions

What is a Broward Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI707277?

Why would someone file a Broward Affidavit to preclude evidence of a breathalyzer test?

Can a Broward Affidavit guarantee that breathalyzer test evidence will be excluded?

What can be considered as evidence to support a Broward Affidavit?

If the breathalyzer test evidence is excluded, does it mean the DUI charges will be dismissed?

Who can file a Broward Affidavit in a DUI case?

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