Failure to provide an adequate breath sample due to a physical impairment was not a refusal.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 0623431 , Decision Date: 2006-06-22 
Attachment: Click here to download the decision. 

Suspension of Petitioner’s driver’s license was lifted because Petitioner presented sufficient evidence that she suffered from a physical impairment that limited her ability to provide an adequate breath sample. Thus, her inability to provide a sufficient sample could not be construed as a refusal to submit to the state-administered test.