Can the police charge me with a breathalyzer refusal, even though I tried to blow into it?Return to FAQ Videos
The police can only charge you with a breathalyzer refusal if you have a previous breathalyzer refusal in your past. However, if you are trying to provide a breath sample, it makes it difficult for them to prove that case against you. Certainly there’s instances where people pretend to blow in to the machine and things like that, so basically it will end up being your word against the cops, and hopefully there’s a video involved showing that you were trying to provide a sample. Sometimes it’s just difficult to do so.