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Can the police charge me with a breathalyzer refusal even though I tried to blow into it?

Posted by Michael G. Butash | Aug 11, 2017 | 0 Comments

Can the police charge me with a breathalyzer refusal even though I tried to blow into it?

Yes, you can be charged with a refusal even though you tried to blow into the breath test machine. However, you may have an absolute defense to that. Such as, you may have been suffering from a medical condition, or you may have been just physically incapable of blowing into that breath test. Keep in mind though, that ultimately it's up to the judge or jury to decide as to whether or not that refusal to submit to that breath test was willful.

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...

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