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Baginski Brandt & Brandt Port St. Lucie Criminal & Family Attorneys
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Can the police charge me with a breathalyzer refusal, even though I tried to blow into it?

The police can charge you with a refusal, but they can’t necessarily get a conviction for the refusal. What your attorney can do for you is to look at the machine itself, have the machine examine and make sure that it was properly calibrated to accept the amount of breath that was being blown into the machine, whether or not the tube was properly cleared. We can look at all those factors. Additionally, if you have an element, for instance, asthma, bronchitis, or anything else that may cause a shortness of breath, we can look at those factors as well and gather that evidence to defend you in trial, or to even get a dismissal if everything goes the way we will want.

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