If the intoxilyzer (the machine for breath tests) wasn't operating or unavailable, officer may request a blood test as the state's test. Refusing it is a "refusal" that will get your license revoked. You must request a hearing (in writing) within 15 days to have any chance at not losing your license. Only then can the issues about the machine and tests be evaluated.
Not sure what you mean by "sobriety test." If you mean the field tests (walk in a line, stand on one foot, etc) officers are not required to give you those. Many will just do the "eye test" (aka HGN) in which they tell you watch a pen with your eyes. But they don't have to do any.
If you are concerned with these issues (or others) and wonder how they will effect the outcome of your case, you need to sit down with a DUI defense attorney for a full and proper evaluation. Good DUI defense attorneys are trained in field sobriety tests and in using the Intoxilyzer.
This information is for general information purposes only and does not create an attorney-client relationship.
I agree with both attorneys. You should hire an experienced DUI attorney to assist you in this matter. Good luck.
This is not intended as legal advice. No attorney / client relationship exists because of this response.
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