Before you are asked to provide breath samples, police officers must read you what is commonly referred to as “Paragraph 36” or the “Standard Statement”. This document informs you that you are being asked to provide samples, what your rights are, and what fines and penalties you may be subjected to if you fail to provide the breath samples.
If you were asked to submit a breath sample and failed to do so, you may be charged with Refusal. This is a separate charge from the DWI offense and Refusal carries penalties that are potentially more severe than DWI.
If you are charged with Refusal, there are several defenses a qualified attorney could assert on your behalf. Perhaps you didn’t understand the police officer’s request because the Statement wasn’t read in your language. Maybe you have a disability like asthma or COPD which makes it difficult to blow into the machine for that long. Perhaps you never had to do this before, so you didn’t know how to blow in the machine and the officer charged you with Refusal. Or you DID blow into the machine but the officer wasn’t satisfied with your attempts, so he simply charged you with Refusal.
Whatever the reason, an experienced DWI attorney, who is also a certified Alcotest operator, will know what went wrong and how to best defend you against a Refusal charge. If you or someone you know has been charged with Refusal please contact us as soon as possible. We can help them get the defense they deserve!