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

You can be charged with a refusal to submit to a breathalyzer test, even if you did try to blow into the breathalyzer. Officers oftentimes will think that people are malingering or are purposefully trying to beat the test and render an insufficient sample. If that’s the case, they can charge you with a refusal. If you have an impairment or a disorder, which would make you incapable of being able to provide a sufficient amount of air to register on a breathalyzer test, it’s important that you express that to the police officer on the front end, so that he can note it in his report, and maybe your refusal can be lifted.

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