Home
Forms Library
Failed breathalyzer but passed blood test

Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI 2026

failed breathalyzer but passed blood test Preview on Page 1

See details

4 out of 5

46 votes

The document is a legal motion filed by the Defendant requesting the court to dismiss a complaint based on the improper administration of a breathalyzer test. The Defendant argues that the test was not conducted within a reasonable time frame, proper procedures were not followed, and that the failure to administer the test destroyed potentially exculpatory evidence. The motion emphasizes that there is insufficient evidence for an arrest aside from the breathalyzer results, which should be suppressed.

Here's how it works

01. Edit your failed breathalyzer but passed blood test online

Type text, add images, blackout confidential details, add comments, highlights and more.

02. Sign it in a few clicks

Draw your signature, type it, upload its image, or use your mobile device as a signature pad.

03. Share your form with others

Send a good way to avoid dui is to wait for a few minutes via email, link, or fax. You can also download it, export it or print it out.

How to use or fill out Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI with our platform

Ease of Setup

DocHub User Ratings on G2

Ease of Use

DocHub User Ratings on G2

Click ‘Get Form’ to open the Motion to Dismiss in the editor.
Begin by filling in the court details at the top of the form, including the name of the court, county, and state.
In the section labeled 'Comes now', enter your name as the Defendant. This personalizes your motion.
Detail your reasons for dismissal in numbered points. Start with specifying regulations regarding breathalyzer administration times and include relevant times and locations.
Continue outlining any procedural failures noted in police reports, ensuring you cite specific minutes required for observation before testing.
Mention any exculpatory evidence that may have been lost due to improper procedures, referencing applicable case law.
Conclude by signing and dating the document at the bottom, ensuring all necessary attorney information is included.

Start using our platform today to easily complete your Motion to Dismiss for free!

be ready to get more

Complete this form in 5 minutes or less

Get form

Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Is jail time mandatory for 2nd DUI in Florida?

Florida law requires mandatory jail time for a second DUI if the offense occurs within five years of the first conviction. The penalties are as follows: Minimum 10 days in jail (with at least 48 hours served consecutively). Maximum jail time of 9 months for a standard second DUI.

What happens if you refuse a DUI test in Florida?

As previously mentioned, you have the right to refuse a breathalyzer. However, under Floridas implied consent law, refusal of this test can result in an immediate license suspension as well as a forced blood draw (in cases of accidents involving injuries).

What is the best defense against a DUI?

License Suspension for Breathalyzer Refusal One of the most immediate consequences of breathalyzer refusal is the suspension of your drivers license. Under Arizona law, refusing a breath test after a DUI arrest can result in a 12-month license suspension, compared to a 90-day suspension if you take the test and fail.

What happens if you get a DUI in Florida?

Floridas DUI laws carry docHub consequences, including jail time, license suspension, vehicle impoundment, community service, the installation of ignition interlock devices, and financial penalties.

How to beat a DUI refusal?

Methods to Beat a DUI Refusal in California You Were Arrested Unlawfully. You Were Not Informed of the Consequences of Refusal. You Were Physically Unable to Complete the Test. Dont Provide Additional Information. Use Video and Audio Recordings to Your Advantage. Get an Independent Blood Test. Hire an Experienced DUI Lawyer.

breathalizer numbers

chances of winning a refusal hearing a good way to avoid dui is to wait for a few minutes failed breathalyzer but passed blood test officer did not take license after dui what are the odds of beating a dui dui blood test after 2 hours washington state dui blood test after 5 hours can police force you to take a breathalyzer

How to fight a DUI refusal?

Steps Get into an active stance so you can move around easily. Make tight fists that are in line with your elbows when you punch. Aim for vulnerable areas to hurt your opponent more. Throw a jab with the arm thats furthest from your opponent. Practice throwing hooks so your opponent doesnt see the punch.

What is the best plea deal for DUI?

Below, we discuss some of the more common defenses experienced DUI attorneys assert. Challenging the Initial Traffic Stop. Illegal Search and Seizure. Incorrect Administration of the Field Sobriety Test. Accuracy of the Breath Test. Rising BAC.