D.M.C. v. Comm'r of Public Safety

Our client was deemed to have refused chemical testing by her conduct. We proved that she was physically unable to give sufficient breath samples, although she asked more than once during the breath testing if there was any other test she could take. (An independent blood test with a result of .018 was conducted three hours after the time of arrest.)  After establishing physical inability to test, the revocation of her driving privileges for test refusal were rescinded.