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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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5779 Getwell Road, Building C1
Southaven, MS 38672 | United States

Phone : (662) 536-5656

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  • Home
  • Our Team
    ▼
    • Philip A. Stroud
    • Brandon L. Flechas
    • Matthew G. Dalton
    • Michele Watts
    • Amanda “Mandy” Wright
    • Traci Stone
    • Judy Bell
    • Heather Oglesby
  • Personal Injury
    ▼
    • Personal Injury
    • Car Accident Injury
    • Motorcycle Accident Injury
    • Brain Injury
    • Medical Malpractice
    • Nursing Home Negligence
    • Semi Truck Accidents
    • Slip and Fall Injury
    • VIEW ALL INJURY PRACTICE AREAS
  • Criminal Law
    ▼
    • Assault & Battery
    • Domestic Violence / Simple Assault
    • DUI / DWI
    • Drug Charges, Sale & Possession
    • Reckless Driving
    • Suspended or Revoked License
    • Resisting Arrest and Disorderly Conduct
    • VIEW ALL CRIMINAL PRACTICE AREAS
  • Civil Rights
    ▼
    • Police Misconduct
    • Police Shooting
    • Police Excessive Force
    • Police Taser Abuse
    • Law Enforcement Abuse of Power
    • Wrongful or Unlawful Arrest
    • Wrongful or Unlawful Search and Seizure
    • Police K9 Dog Bites
    • Sexual Abuse by Jailors or Police
    • VIEW ALL CIVIL RIGHTS AREAS
  • Results
  • Video Library
    ▼
    • Accident Injury Videos
    • Insurance Law Videos
    • Civil Rights Videos
    • Criminal Law Videos
    • Liability & Malpractice Law Videos
  • Resources
    ▼
    • Blog
    • Frequently Asked Questions
    • Community Resources
    • In The News
  • Contact