Hey im about to go to court for a DwI and i toke the breathalizer and it didnt work can they get me for refusing the testing
2 Answers from Attorneys
No, not if the machine was inoperable for purposes of testing
for your BAC at the time you were arrested and were suppose to take
this test.
I think you need to review the bac sheet, research the test results, machine, operator, etc. before determining whether you can be found guilty of refusal. Figure out whether you have legally done everything procedurally correct to fight it on day of court if necessary. Have someone represent you who knows the laws on DWI and Refusals.... and possible future effects of guilty disposition. Have someone who can determine whether you should fight or take a deal. Know if good deal or not. Good luck. Attorney Sheryl Shane. Web: www.sherylshanelaw.com.
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