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

Topic: DUI, Decided by: Judge Kennedy 
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.

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