"Can't hire a lawyer"

Because they think you refused to blow hard enough. Good luck with the public defender.

They'll either say that you didn't blow hard enough, or that you didn't form a tight seal around the mouthpiece. They'll use the PAS refusal as further evidence that you were uncooperative. Good luck.

I agree with Mr. Steakely and also wish you well with the public defender. The "refusal" may or may not hold up in court, but is sounds like somebody clearly failed the attitude test. Good luck.

Building off what the other attorney stated, there are multiple reasons for why taking an Intoxilyzer test may be considered insufficient: (1) malfunctioning of the device, (2) interference from an external source with the mechanics of the Intox device, (3) insufficient air flow into the device by the arrestee potentially caused by multiple factors (not blowing enough air, not having the mouth properly around the air intake, interference by things in the person's mouth), and possibly other factors. If the officer believes the insufficient amount of air flow into the device is reasonably linked to voluntary conduct of the arrestee, the officer can lawfully consider the arrestee's conduct to constitute a refusal, even if the arrestee doesn't say they are refusing to take the test. Regardless of whether you are represented by a public defender or privately retained attorney, you need to make sure you provide your attorney with full and truthful information about everything that occurred.

They may argue that you refused to provide a valid sample, or that you were only pretending to blow. They have a lot of leeway in this area. Even if you tried your best to provide a valid breath sample it is hard to prove that this is what you were doing. You also have 10 business days from the date of your arrest to file an appeal letter with DDS to keep your license from being suspended for a year based on the "refusal."

It is marked as a refusal because the police thought you were playing games with them. In reality some of these breath test machines have a very hard time getting an adequate sample. There is a real question of whether there was "probable cause" to require you to give a breath sample. You need a dui defense lawyer, there, now. Otherwise, at a minimum, you will lose your license. You start off by saying you can't hire a lawyer. Check to see if you can have one appointed by the court. That would be much better than not having one at all. This is not fair, but it is how it is. Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial. That you have been charged does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence. Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered! After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect. You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses. That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving. If any answer on helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help know which answers to show others. Thank you. --- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin http://addbalance.com/drunk_driving_lawyer.htm --- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer http://www.facebook.com/MadisonWiDrunkDrivingLawyer --- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer http://addbalance.com/fieldsobrietytests.htm --- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin http://addbalance.com/duidrugs.htm --- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers http://addbalance.com/duimath.htm --- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin http://addbalance.com/duitendaywarning.htm DISCLAIMER: Confidential information should not be disclosed in this Internet forum. I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. This Answer is provided for general educational purposes only. See “more” link below.