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Asthma and "refusing" a breathalyzer test.

Pittsburgh, PA |

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.

Attorney Answers 1

  1. You need:
    (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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