I was pulled over and given a field test, then arrested for suspicion of dui. I was then taken to the police station and given a breath test, i was unable to blow either hard or long enough for a complete sample. I was only given one chance at the test and was not offered any other tests, therefore resulting in a refusal. I'm 25 and never had asthma, however 3-4 months before being pulled over i started having problems breathing. I dismissed the problems thinking it was allergys or maybe the cold weather, but it seemed to be getting worse (I did not know about or even thought i had asthma which is why i gave no excuses to the police as to why i couldn't pass the test). However I went to a doctor a few weeks after and was confirmed to have astma. Prior to this I have a spotless record. I appreciate any advice.
(1) get an attorney that knows exactly what they are doing and understands the science in detail with respect to infrared breath test spectrometry
(2) to go and get a Spirometry test to test the volume and capacity of your lungs
(3) based upon the results of #2, file a statutory appeal within the 30 days as required of the mail dating of the notice of license suspension that PennDOT will send to you.
You may very well have a very good defense to the "refusal".
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