Can the Police Charge Me with a Breathalyzer Refusal Even If I Tried to Blow Into It?

Question: Can the Police Charge Me with a Breathalyzer Refusal Even If I Tried to Blow Into It?

The answer is yes. There are times when individuals who have been arrested for DUI and brought to the station or to the jail for purposes of submitting to a blood test, will attempt to manipulate that particular instrument or machine. They do so in many different ways, but often times, it’s either not blowing too hard into the instrument or blowing at the side of their mouth. There are different ways that someone can attempt to manipulate that breath test machine. That if the police believe that you’re trying to do that, they can charge you or put you down as refusing to submit to a breathalyzer.

Contact a Fort Myers Criminal Defense Attorney at the Law Office of Miguel Fernandez to answer all your questions in regards to your rights.