Failure to provide an adequate breath sample due to a physical impairment was not a refusal.
Docket Number: 623431 , Decision Date: June 22, 2006
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.