What is the name of your state (only U.S. law)? new jersey
my husband was pulled over the other night and blew twice at the side of the road. they say there was a presence of alcohol and they brought him back to the police station for a breathalyzer. he blew twice there but the machine malfunctioned twice. they asked to bring him to a neighboring police station, but he refused, saying he had blown 4 times, that was enough. he was issued a summons for both dui and a refusal. is there any case history regarding how many times one has to perform a breathalyzer if the machinery doesn't work. can he get out of this? they have no evidence for a dui and is this really a refusal?
my husband was pulled over the other night and blew twice at the side of the road. they say there was a presence of alcohol and they brought him back to the police station for a breathalyzer. he blew twice there but the machine malfunctioned twice. they asked to bring him to a neighboring police station, but he refused, saying he had blown 4 times, that was enough. he was issued a summons for both dui and a refusal. is there any case history regarding how many times one has to perform a breathalyzer if the machinery doesn't work. can he get out of this? they have no evidence for a dui and is this really a refusal?