Can I beat a refuse breath test?

Yes.

No.

It would depend on why you refused the breath test. However, regardless of why you refused, you should appeal the revocation of your license through the Secretary of State. Sometimes the officer does not show for the hearing and the revocation will be dismissed.

Highly unlikely. There is what is called the "Implied Consent Law". This means that for the privilege to drive... driving is a privilege, not a right.... you agree that if requested by an officer during a stop, to submit to a breath test, you agree to do so. You are welcome to refuse, but if you do so, your right to drive is suspended for a minimum of 1 year. This is so, even if you were found "not guilty" of the DUI, or even if the breath machine were found not to be working or not properly certified. You cannot make these arguments if you have refused the breath test. IN a license suspension, the suspension is by the Department of Licensing, not the court.

Beat? Refusal results in automatic one year suspension of license. The only grounds for appeal to DMV would be that you could conclusively prove you did not refuse. Proof would be difficult, your word is neither proof, nor credible evidence. Do you have credible independent / neutral witness testimony, video or audio recordings, etc., to 100% refute the officer?s testimony? IF so call me to discuss. A little free advice: When arrested for DUI, then upon release from jail or booking, the defendant is given documents that include a notice that he has have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV [for test refusal or otherwise], or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. If you are charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

I cannot tell you without knowing all of the facts. You should know that the DA will argue to the jury that it is circumstantial evidence that you knew you were under the influence or you would have taken the test. Also, you lose your license for 1 year instead of 4 months for a refusal.

You have a better chance to do so than a regular DUI. Prosecutors don't like taking refusal cases to trial, but you'll need to hire a DUI specialist, because prosecutors won't back down from a refusal cases easily, and usually only when it is set for trial.

Sure. depending on the facts.

It is a long-shot, but what is your alleged excuse?

There are strict requirements that the officer must follow. Get an attorney.

That is far too broad a question with far too few facts. If you refused to blow into the breath test meter or made a show of trying but really not blowing hard, the test is marked as a refusal. If that is what you are talking about, you would have to show a medical reason why you couldn't blow adequately. You would not be the 1s person to try to beat the breath test by blowing less than is required. Thousands of people try this. They are all marked as refusals. You would have to distinguish your situation from all of those by showing medically why you couldn't blow the necessary amount of air into the device. If it is something different than this you will have to explain it better to get an answer.

Only if you can show the police had no reason to ask you to take one.

depends on facts your question gives no basis

The answer is maybe (I hate to sound like a lawyer). Each case must be evaluated on its individual merits to determine the best way to attack to prosecutor's case.