You should talk to an attorney in your area about the facts of your case. While there are reasonable explanations for the odor of alcohol due to your diabetes diagnosis, your refusal to provide a sample of your blood or breath under the implied consent statute makes your case very challenging. The refusal to provide a sample of your blood or breath is a violation in and of itself and may be defensible, the facts outlined below do not clarify possible defenses. Unfortunately, when you are facing refusal charges you need an attorney who handles both the DMV and the court side of your case, as losing at the DMV results in a one, or more, year suspension and even a Jury acquittal in court will not overturn the suspension. This means that a Public Defender, an attorney appointed by the court, cannot help you at the DMV.
Answered on Jan 29th, 2013 at 8:19 PM