Breath test didn't work and now charged with refusal

Question: I was charged with a dwi and i was giving a breathalyzer at the scene where i blew a .123. They took me to the station and the results on that machine kept coming up as deficient sample. They then charged me with refusal. Can my charges be dismissed from this. I was charged in San Fernando with dui and refusal.
Answer: After the breath tests were not working at the station, did they ask you to submit to a blood test? If so, did they also advise you that your license could be suspended for 1 year if you did not submit to the blood test. Did they inform you that the initial breath test you took prior to getting arrested did not satisfy the implied consent law? Call me to discuss more.
Phil Hache
DUI & Criminal Defense Lawyer