Can the police charge me with a breathalyzer refusal even though I tried to blow into it? VIDEO

The police can charge you with a breathalyzer refusal even if you try to blow into it. Whether this happens or not will depend on whether the police believe you're trying your best to take the breathalyzer test. There are going to be some instances where the person may have a long issue or other medical concern, where the person is actually not able to provide a breathalyzer result, or is not able to say properly, take the breathalyzer. If the police are satisfied that that is in fact the case, they may not charge a person for a refusal.

That would be a rare instance because the unfortunate reality of it is, the police are generally going to believe if a person is not producing a breathalyzer result, they're in bad faith doing so like they're intending not to take the breathalyzer because they're concerned about being charged with driving under the influence.

The short answer is, yes, a person can be charged. Having an experienced Pennsylvania DUI defense attorney will be your best ally to help you understand and navigate the criminal processing, and can help you best defend against a DUI charge in Pennsylvania.

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Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

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